Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Paeu [2012] FCA 550 Citation: Minister for Immigration and Citizenship v Paeu [2012] FCA 550
Appeal from: Paeu v Minister for Immigration and Citizenship [2011] AATA 792
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v LASALO PAEU and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 2284 of 2011
Judges: BUCHANAN J
Date of judgment: 29 May 2012
Catchwords: MIGRATION – discretion to cancel visa – discretion to be exercised according to Ministerial Direction – Direction [41] – whether the presence of prior criminal activity prohibits reliance on length of residence in Australia ADMINISTRATIVE LAW – jurisdictional error – reasons for decision on review should not be construed minutely – no jurisdictional error – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court Rules 2011 Migration Act 1958 (Cth) Direction [no. 41] – Visa refusal and cancellation under s501
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd; Collector of Customs v Pressure Tankers Pty Ltd (1993) 43 FCR 280 Craig v The State of South Australia (1995) 184 CLR 163 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323
Date of hearing: 17 May 2012
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