Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBMW v Minister for Immigration and Border Protection (No 2) [2014] FCA 454 Citation: NBMW v Minister for Immigration and Border Protection (No 2) [2014] FCA 454
Parties: NBMW v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: NSD 45 of 2012
Judge: EDMONDS J
Date of judgment: 13 May 2014
Catchwords: MIGRATION – cancellation of protection visa based solely on adverse security assessment – originating application for prerogative relief against Minister quashing cancellation decision and prohibiting further proceeding – application amended pursuant to leave granted – cancellation decision not infected with any error of misapprehension on the part of the Minister either as to present fact or by reason of an incomplete furnishing of particulars of relevant information to the Minister – as a matter of statutory construction, in the face of s 503A, there was no failure on the part of the Minister to comply with s 501C(3)(a)(ii) of the Act for which mandamus would lie
Legislation: Migration Act 1958 (Cth) ss 501, 501C, 503A
Cases cited: Minister for Immigration and Citizenship v Haneef (2007) 163 FCR 414 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 cited Re Patterson; Ex parte Taylor (2001) 207 CLR 391 considered and distinguished
Date of hearing: 28 February 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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