Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nweke v Minister for Immigration and Citizenship [2012] FCA 266 Citation: Nweke v Minister for Immigration and Citizenship [2012] FCA 266
Parties: DIRICHUKUW PATRICK NWEKE v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number(s): NSD 1612 of 2011
Judge: JAGOT J
Date of judgment: 23 March 2012
Catchwords: MIGRATION – judicial review of decision of Minister for Immigration and Citizenship to cancel applicant's visa – whether Minister failed to treat best interests of children as a primary consideration constituting a breach of procedural fairness – order of certiorari made quashing Minister's decision
Legislation: Migration Act 1958 (Cth) United Nations Convention on the Rights of the Child. 1577 UNTS 3 art 3. (entered into force 3 January 1976)
Cases cited: Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273; [1995] HCA 20 Vaitaiki v Minister for Immigration and Ethnic Affairs (1998) 150 ALR 608 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133; [2001] FCA 568
Date of hearing: 16 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Solicitor for the Applicant: Mr Ray Turner of Turner Coulson Immigration Lawyers
Counsel for the Respondent: Mr G Kennett SC
Solicitor for the Respondent: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1612 of 2011
BETWEEN: DIRICHUKUW PATRICK NWEKE
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