Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Citizenship v Pareina [2013] FCA 586 Citation: Minister for Immigration & Citizenship v Pareina [2013] FCA 586
Appeal from: Whitter Tokorua Pareina v Minister for Immigration and Citizenship [2013] AATA 115
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v WHITTER TOKORUA PAREINA and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 596 of 2013
Judge: KATZMANN J
Date of judgment: 12 June 2013
Catchwords: MIGRATION – visa cancellation – Direction No. 55 – character test – substantial criminal record – absence of prior warning concerning effect of reoffending on migration status – jurisdictional error - whether Administrative Appeals impermissibly took into account absence of prior warning in visa holder's favour – whether irrelevant consideration – whether failure to comply with the terms of the Direction
Legislation: Migration Act 1958 (Cth), s 501 Direction No. 55 – Visa refusal and cancellation under s 501
Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 289
Date of hearing: 12 June 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Applicant: Mr J D Smith
Solicitor for the Applicant: DLA Piper Australia
Counsel for the First Respondent: Mr N Poynder
Solicitor for the First Respondent: Legal Aid NSW
Solicitor for the Second Respondent: The Second Respondent filed a submitting notice.
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