Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kabir v Minister for Immigration and Citizenship [2010] FCA 1164 Citation: Kabir v Minister for Immigration and Citizenship [2010] FCA 1164
Appeal from: Kabir v Minister for Immigration and Citizenship [2010] FMCA 132
Parties: AHSANUL KABIR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: WAD 63 of 2010
Judge: SIOPIS J
Date of judgment: 29 October 2010
Catchwords: MIGRATION – jurisdictional error – constitutional writs – relevant considerations in exercising discretion to withhold relief – whether backward-looking approach or forward-looking approach is appropriate when considering futility.
Legislation: Migration Act 1958 (Cth) ss 359A, 379G, 360(1) Migration Regulations 1994 (Cth) reg 573.223(2)(a)(i)(A), cl 5A504(1)(e)[(ii)
Cases cited: Dia v Minister for Immigration and Citizenship [2007] FCAFC 199 Lee v Minister for Immigration and Citizenship (2007) 159 FCR 181 Giretti v Federal Commissioner of Taxation (1996) 70 FCR 151 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609
Date of hearing: 27 May 2010
Place: Perth
Division: GENERAL DIVISION
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