Paerau v Minister for Immigration and Border Protection [2013] FCA 1119

FEDERAL COURT OF AUSTRALIA

Paerau v Minister for Immigration and Border Protection [2013] FCA 1119 Citation: Paerau v Minister for Immigration and Border Protection [2013] FCA 1119

Appeal from: Paerau and Minister for Immigration and Citizenship [2012] AATA 798

Parties: ITI PAERAU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 2182 of 2012

Judge: NICHOLAS J

Date of judgment: 31 October 2013

Catchwords: MIGRATION – review by Administrative Appeals Tribunal of decision to cancel visa pursuant to subs 501(2) of the Migration Act 1958 (Cth) – where direction given pursuant to subs 499(1) of the Act – where direction required decision-maker to make a determination about whether cancellation is, or is not, in best interests of child – where Tribunal unable to make determination due to paucity of relevant information – where subs 500(6H) of Act applied so as to preclude Tribunal from having regard to relevant information – whether Tribunal committed jurisdictional error Held: No jurisdictional error – application for review of Tribunal's decision dismissed.

Legislation: Migration Act 1958 (Cth) ss 476A, 499, 500, 501

Cases cited: Goldie v Minister for Immigration and Multicultural Affairs [2001] FCA 1318 Spruill v Minister for Immigration and Citizenship [2012] FCA 1401 Tauariki v Minister for Immigration and Citizenship [2012] FCA 1408 Uelese v Minister for Immigration and Citizenship [2013] FCA 342 Uelese v Minister for Immigration and Citizenship [2013] FCAFC 86