Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v Minister for Immigration and Border Protection [2015] FCA 75 Citation: Brown v Minister for Immigration and Border Protection [2015] FCA 75
Parties: DAVID CHARLES BROWN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number(s): NSD 666 of 2014
Judge(s): BENNETT J
Date of judgment: 16 February 2015
Catchwords: MIGRATION – application for review of decision made by Minister personally to cancel applicant's visa pursuant to s 501(2) of the Migration Act 1958 (Cth) – jurisdictional error – whether Minister misconstrued the terms of paragraph 9.21(1)(a)(i) of Direction 55 – whether Minister failed to take into account the date of the applicant's arrival in Australia – whether denial of procedural fairness – whether Minister refused the applicant an opportunity to submit parole reports from his parole officer – whether Minister failed to consider the best interests of the applicant's minor children –whether Minister has power to cancel and/or revoke the visa of a British Subject owing allegiance to the Crown who arrived in Australia as a child before 1984 and has become integrated into the Australian community
Legislation: Commonwealth of Australia Constitution Act 1901 s 51 Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 476, 501, 501F
Cases cited: Brown v R [2008] NSWCCA 306 Graff v Minister for Immigration and Border Protection [2014] FCA 1125 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51 Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 Nolan v Minister for Immigration and Ethnic Affairs (1988) 165 CLR 178 Re MIMIA; ex parte Bridge [2004] HCATrans 161 Re MIMIA; ex parte Bridge [2004] HCATrans 408 Re Patterson; ex parte Taylor (2001) 207 CLR 391 Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184
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