Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Basile v Minister for Immigration and Citizenship [2011] FCA 237 Citation: Basile v Minister for Immigration and Citizenship [2011] FCA 237
Appeal from: Mario Giuseppe Basile v Minister for Immigration and Citizenship [2010] AATA 556
Parties: MARIO GUISEPPE BASILE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: VID 705 of 2010
Judge: TRACEY J
Date of judgment: 22 March 2011
Catchwords: ADMINISTRATIVE LAW – visa cancellation – character test applied – upheld by AAT - judicial review of Tribunal's decision sought – errors of law alleged – failure to take into account "primary considerations" – failure to apply two-step test to factors prescribed in Ministerial Direction – failure to weigh best interests of a child against other considerations – hierarchy of considerations – improper exercise of power alleged – best interests of the child not accorded primary consideration over other interests – failure to enquire alleged – none of the appeal grounds made out – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 44 Administrative Decision (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474, 483, 496, 499, 500, 501 Ministerial Direction No 41
Cases cited: Basile v Minister for Immigration and Citizenship [2010] AATA 556 affirmed Luu v Renevier (1989) 91 ALR 39 distinguished Mendoza v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 405 referred to Metropolitan Water Board v St Marylebone Assessment Committee [1923] 1 KB 86 considered, applied Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 distinguished NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 referred to Telstra Corporation Limited v Australian Competition and Consumer Commission [2008] FCA 1758 cited Tickner v Chapman (1995) 57 FCR 451 cited Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167 distinguished Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 586 distinguished
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