Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spruill v Minister for Immigration and Citizenship [2012] FCA 1401 Citation: Spruill v Minister for Immigration and Citizenship [2012] FCA 1401
Appeal from: Spruill v Minister for Immigration and Citizenship [2012] AATA 681
Parties: RICHARD SPRUILL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 1580 of 2012
Judge: ROBERTSON J
Date of judgment: 10 December 2012
Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal – visa cancellation under Migration Act 1958 (Cth) s 501(2) – whether decision affected by jurisdictional error – where Ministerial Direction required the Tribunal to make a determination about whether cancellation is, or is not, in the best interests of the child – whether failure of Tribunal to complete the exercise of its jurisdiction – whether failure to inform the applicant of critical issue – whether finding of fact for which there was no evidence
Legislation: Migration Act 1958 (Cth) ss 476A(1)(b), 476A(2), 501(2) Federal Court Rules r 4.19(3)
Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 applied Lesianawai v Minister for Immigration and Citizenship [2012] FCA 897 applied Minister of Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Nweke v Minister for Immigration and Citizenship (2012) 126 ALD 501 applied
Date of hearing: 10 December 2012
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