Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Amohanga v Minister for Immigration and Citizenship [2013] FCA 31 Citation: Amohanga v Minister for Immigration and Citizenship [2013] FCA 31
Parties: DENNY STACEY VANCE AMOHANGA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 1147 of 2012
Judge: EDMONDS J
Date of judgment: 1 February 2013
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate of first respondent to cancel visa under s 501 of the Migration Act 1958 (Cth) – whether failure on part of the Tribunal to accord the applicant procedural fairness based on his "legitimate expectation" that the Tribunal would treat the best interests of the applicant's children as a primary consideration in conformity with the United Nations Convention on the Rights of the Child – and would act so as to ensure that the applicant would not be arbitrarily deprived of the right to enter his own country or be subjected to interference with his family, in conformity with the International Covenant on Civil and Political Rights Held: Application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 499(1), 501
Cases cited: C Inc v Australian Crime Commission (2008) 251 ALR 424 cited C Incorporated v Australian Crime Commission (2010) 113 ALD 226 cited Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 followed Nweke v Minister for Immigration and Citizenship [2010] 126 ALD 501 cited Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 290 ALR 616 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 applied Royal Women's Hospital v Medical Practitioners Board of Victoria (2006) 15 VR 22 cited Tran v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 248 cited Tran v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 143 cited Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 distinguished
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