Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Citizenship v Toma [2011] FCA 91 Citation: Minister for Immigration & Citizenship v Toma [2011] FCA 91
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v ELIA TOMA and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 871 of 2010
Judge: EDMONDS J
Date of judgment: 16 February 2011
Catchwords: MIGRATION – application for review of decision of Tribunal to set aside decision of delegate of Minister to cancel visa under s 501 of the Migration Act 1958 (Cth) – whether Tribunal erred in its approach to 'Direction [No 41] – Visa refusal and cancellation under s 501' in respect of two considerations – the need to protect the Australian community from serious criminal or other harmful conduct, particularly crime involving violence; and the obligation to have regard to the best interests of the child. Held: Application dismissed, no error of law.
Legislation: Migration Act 1958 (Cth) s 501
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 cited Attorney-General (NSW) v Quinn (1990) 170 CLR 1 cited Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 applied Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited
Date of hearing: 26 November 2010
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