Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Obele [2010] FCA 1445 Citation: Minister for Immigration and Citizenship v Obele [2010] FCA 1445
Appeal from: Obele v Minister for Immigration and Citizenship [2010] AATA 58
Parties: MINISTER FOR IMMIGRATION & CITIZENSHIP v ANTHONY IKENNA OBELE and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 224 of 2010
Judge: KATZMANN J
Date of judgment: 22 December 2010
Catchwords: MIGRATION – discretion to cancel visa of person who fails the "character test" under s 501 of the Migration Act 1958 (Cth) – where the Administrative Appeals Tribunal substituted a decision that the visa not be cancelled – whether the Tribunal misconstrued or failed to have regard to Ministerial Direction Number 41 – whether the Tribunal failed to consider the nature of any harm the person might cause to the Australian Community – whether the Tribunal failed to consider the seriousness and nature of the relevant conduct – whether Tribunal thereby fell into jurisdictional error
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Ministerial Direction Number 41 – Visa Refusal and Cancellation Under Section 501 Customs Act 1901 (Cth) s 233B(1) Migration Act 1958 (Cth) ss 474, 476A, 499, 500, 501
Cases cited: Cheng v The Queen (2000) 203 CLR 248, [2000] HCA 53 Craig v South Australia (1995) 184 CLR 163 He Kaw Teh v The Queen (1985) 157 CLR 523 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611, [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Daniele (1981) 39 ALR 649 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234, [1999] FCA 1197 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, [2001] HCA 30 Plaintiff S157 v Commonwealth (2003) 211 CLR 476, [2003] HCA 2 R v Sanengsai-Or (2004) 61 NSWLR 135 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630, [2003] FCAFC 184 Zhang v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 30
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