Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jione v Minister for Immigration and Border Protection [2015] FCA 144 Citation: Jione v Minister for Immigration and Border Protection [2015] FCA 144
Parties: STEVEN DAVID JIONE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number(s): NSD 1212 of 2014
Judge(s): BUCHANAN J
Date of judgment: 3 March 2015
Catchwords: MIGRATION – decision of Administrative Appeals Tribunal set aside by the Minister personally under s 501A of the Migration Act 1958 – where Minister determines cancellation of the applicant's visa to be in the national interest – whether Minister's decision affected by jurisdictional error – whether Minister denied the applicant procedural fairness – whether Minister failed to take into account a mandatory relevant consideration
Legislation: Migration Act 1958 (Cth), ss 501A, 501A(1), 501A(2), 501A(2)(e), 501A(3), 501A(5) Direction no. 55 – Visa refusal and cancellation under s501 (Cth)
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Durani v Minister for Immigration and Border Protection (2014) 314 ALR 130; [2014] FCAFC 79 Gbojueh v Minister for Immigration and Citizenship (2012) 202 FCR 417 Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291; [1987] FCA 713 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Minister for Immigration and Border Protection v Singh (2014) 308 ALR 280; [2014] FCAFC 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 NBNB v Minister for Immigration and Border Protection (2014) 220 FCR 44 Osland v Secretary, Department of Justice (2008) 234 CLR 275 Osland v Secretary, Department of Justice (No 2) (2010) 241 CLR 320 O'Sullivan v Farrer (1989) 168 CLR 210 Plaintiff M79/2012 v Minister for Immigration and Citizenship (2013) 87 ALJR 682; [2013] HCA 24 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2015] HCA 3 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152
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