Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nweke v Minister for Immigration and Citizenship [2013] FCA 456 Citation: Nweke v Minister for Immigration and Citizenship [2013] FCA 456
Parties: DIRICHUKUW PATRICK NWEKE v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: NSD 2241 of 2012
Judge: COWDROY J
Date of judgment: 17 May 2013
Catchwords: MIGRATION – application for spousal visa – the requirements of s 501A of the Migration Act 1958 (Cth) – whether a visa holder has a legitimate expectation that the Minister's decision to cancel their visa will be consistent with the provisions of the ICCPR and/or the UDHR – whether the decision of the Minister for Immigration and Citizenship was infected by speculation – whether the applicant was denied procedural fairness
Legislation: Migration Act 1958 (Cth), ss 476A, 500, 501, 501A, 501G International Covenant on Civil and Political Rights opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), arts 17, 23 Universal Declaration of Human Rights GA Res 217A (III), UN Doc A/810 at 71 (1948), arts 12, 16
Cases cited: Amohanga v Minister for Immigration and Citizenship [2013] FCA 31 Commissioner of ACT Revenue v Alphaone Pty Ltd (2004) 49 FCR 576 Minister for Immigration and Ethnic Affairs v Pochi (1979) 44 FLR 41 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Nweke v Minister for Immigration and Citizenship (2012) 126 ALD 501 Wattmaster Alco Pty Ltd v Button (1986) 13 FCR 253
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