Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taniela v Minister for Immigration and Border Protection [2014] FCA 375 Citation: Taniela v Minister for Immigration and Border Protection [2014] FCA 375
Appeal from: Taniela v Minister for Immigration, Multicultural Affairs and Citizenship [2013] AATA 632
Parties: TERRY TANIELA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File numbers: NSD 2064 of 2013
Judge: PERRY J
Date of judgment: 15 April 2014
Catchwords: MIGRATION – Where cancellation of visa pursuant to s 501 of the Migration Act 1958 (Cth) – Where New Zealand citizen found to fail character test by reason of having "substantial criminal record" under ss 501(2) and 501(7) of the Act – Whether limitations upon power to deport in s 201 limit the availability of the power to cancel a visa under s 501 – Whether Tribunal should have exercised discretion in accordance with human rights principles of proportionality – Whether any inconsistency between ss 201 and 501 of the Act
Legislation: Constitution, ss 75(v), 109 Migration Act 1958 (Cth), ss 200, 201, 476A, 499(2A), 501, 502
Cases cited: Horta v Commonwealth (1994) 181 CLR 183 Re Visa Cancellation Applicant and Minister for Immigration and Citizenship [2011] AATA 690 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286
Date of hearing: 3 April 2014
Place: Sydney (via videolink)
Division: GENERAL DIVISION
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