Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cunliffe v Minister for Immigration and Citizenship [2012] FCA 79 Citation: Cunliffe v Minister for Immigration and Citizenship [2012] FCA 79
Parties: LESLIE NEIL CUNLIFFE v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: VID 674 of 2011
Judge: DODDS-STREETON J
Date of judgment: 13 February 2012
Catchwords: MIGRATION – Minister's decision to cancel visa under s 501A(2) of Migration Act 1958 (Cth) – Scope of obligation to afford procedural fairness – Whether Departmental Issues Paper provided to Minister mischaracterised applicant's submissions regarding proposed visa cancellation and if so denied opportunity to consider or posed substantial risk thereof – Whether Minister misunderstood or failed to consider applicant's submissions, or substantial risk thereof – Whether denial of procedural fairness
Legislation: Migration Act 1958 (Cth) ss 476A, 501A
Cases cited: Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2007) 157 FCR 260 cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 distinguished Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 cited Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 cited Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 discussed NAIS v Minister for Immigration and Multicutural and Indigenous Affairs (2005) 228 CLR 470 distinguished Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 distinguished Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2002) 211 CLR 441 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 discussed Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28 discussed Swift v SAS Trustee Corp [2010] NSWCA 182 discussed SZDGC v Minister for Immigration and Citizenship and Anor (2008) 105 ALD 25 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate