Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ruautu Tara v Minister for Immigration and Citizenship [2012] FCA 1146 Citation: Ruautu Tara v Minister for Immigration and Citizenship [2012] FCA 1146
Appeal from: Ruautu Tara v Minister for Immigration and Citizenship [2012] AATA 79
Parties: MIKAERA RUAUTU TARA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 367 0F 2012
Judge: PERRAM J
Date of judgment: 22 October 2012
Catchwords: ADMINISTRATIVE LAW – Procedural fairness – whether applicant had notice of line of reasoning ultimately adopted by Administrative Appeals Tribunal in affirming decision to cancel applicant's visa – whether line of reasoning was in fact adopted – whether line of reasoning was clear from Minister's submissions and other material provided to applicant – whether line of reasoning had been assumed by both parties before the Tribunal – whether any error could be cured by an opportunity to make further submissions at the conclusion of the hearing
Legislation: Migration Act 1958 (Cth) s 501 Direction (No. 41)—Visa refusal and cancellation under s 501 cll 10.1, 10.1.1, 10.1.2
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Kioa v West (1985) 159 CLR 550 applied Makasa v Minister for Immigration and Citizenship [2011] AATA 719 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Ruautu Tara v Minister for Immigration and Citizenship [2012] AATA 79 cited
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