Sauvao v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 827

FEDERAL COURT OF AUSTRALIA

Sauvao v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 827 Citation: Sauvao v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 827

Appeal from: Editor Sauvao v Minister for Immigration and Citizenship [2012] AATA 817

Parties: EDITOR SAUVAO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 35 of 2013

Judge: COWDROY J

Date of judgment: 16 August 2013

Catchwords: MIGRATION – appeal against decision to cancel visa due to the applicant's failure to satisfy the character test in s 501 of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal failed to take into account relevant considerations pursuant to Direction no. 55 – whether the Administrative Appeals Tribunal misconstrued the applicant's dates of arrival in Australia for the purposes of Direction no. 55

Legislation: Migration Act 1958 (Cth) ss 476A(1), 476A(2), 499, 501(2), 501(6)

Cases cited: Bhullar v Minister for Immigration and Citizenship [2010] FCA 1337 Editor Sauvao v Minister for Immigration and Citizenship [2012] AATA 817 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 Oliver v Minister for Immigration and Citizenship [2011] FCA 534 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184

Date of hearing: 27 May 2013