Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Islam v Cash [2015] FCA 815 Citation: Islam v Cash [2015] FCA 815
Parties: MIZANUL ISLAM v SENATOR THE HON MICHAELIA CASH, ASSISTANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: NSD 731 of 2015
Judge: FLICK J
Date of judgment: 12 August 2015
Catchwords: MIGRATION – failure to consider relevant considerations – proper and genuine consideration – matters expressly referred to in reasons – matters not specifically referred to in reasons – matters referred to in Departmental Submission but not reasons ADMINISTRATIVE LAW – relevant considerations – need for more than lip-service – need for genuine consideration
Legislation: Migration Act 1958 (Cth), ss 499, 501, 501(1), 501G(1)(c), 501G(1)(d), 501G(1)(e) Direction no. 55 – Visa refusal and cancellation under s 501 (Cth), cl 9 Direction no. 65 – Visa refusal and cancellation under s 501 (Cth), cl 9
Cases cited: Anderson v Director-General of the Department of Environment and Climate Change [2008] NSWCA 337, (2008) 251 ALR 633 Aquino v Minister for Immigration and Border Protection [2014] FCA 1425 Belmorgan Property Development Pty Ltd v GPT RE Ltd [2007] NSWCA 171, (2007) 153 LGERA 450 Blue Wedges Inc v Minister for Environment, Heritage and the Arts [2008] FCA 399, (2008) 167 FCR 463 Elias v Commissioner of Taxation [2002] FCA 845, (2002) 123 FCR 499 Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, (2001) 106 FCR 426 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, (2005) 147 FCR 51 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38, (2014) 220 FCR 1 Rawsthorne v Minister for Immigration and Citizenship [2013] FCAFC 39, (2013) 140 ALD 524 Tomson v Minister for Finance and Deregulation [2013] FCA 664, (2013) 136 ALD 610 Williams v Minister for the Environment and Heritage [2003] FCA 535, (2003) 74 ALD 124 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327, (2013) 140 ALD 612
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