Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v JSFD [2010] FCA 569 Citation: Minister for Immigration and Citizenship v JSFD [2010] FCA 569
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v JSFD and ADMINISTRATIVE APPEALS TRIBUNAL
File number(s): VID 791 of 2009
Judge: MARSHALL J
Date of judgment: 4 June 2010
Catchwords: ADMINISTRATIVE LAW – Special Category (Temporary) visa – cancellation of visa by Minister –conviction for serious offences – character test–application for constitutional writs directed to Tribunal in relation to Tribunal's decision to direct Minister not to cancel first respondent's visa under s 501(2) of Migration Act 1958 (Cth) –exercise of discretion by Tribunal found not to be in jurisdictional error.
Legislation: Migration Act 1958 (Cth), ss 476A, 499, 500, 501 The Constitution s 75 (v)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 Craig v The State of South Australia (1996) 184 CLR 163 Minister for Immigration and Citizenship v Pemberton [2010] FCA 430 Kirk v Industrial Relations Commission (2010) 239 CLR 531 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Nafeh v Minister for Immigration and Citizenship [2004] FCAFC 232 Re Kamal and Minister for Immigration and Citizenship [2009] AATA 555 Re Stone and Minister for Immigration and Ethnic Affairs (1981) 3 ALN 81 The Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82
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