Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mehta v Minister for Immigration and Border Protection [2015] FCA 1096 Citation: Mehta v Minister for Immigration and Border Protection [2015] FCA 1096
Parties: AMIT MEHTA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: VID 778 of 2014
Judge: MURPHY J
Date of judgment: 14 October 2015
Catchwords: MIGRATION – cancellation of visa on character grounds – whether Minister properly exercised discretion under s 501(2) of the Migration Act 1958 (Cth) – whether Minister bound to consider matters personal to the visa holder in the exercise of discretion – whether Minister properly considered the applicant's spouse and unborn child in exercising discretion
Legislation: Migration Act 1958 (Cth) Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth)
Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83 Berryman v Minister for Immigration and Border Protection [2015] FCA 616 Coderre v Minister for Immigration and Border Protection (2014) 143 ALD 675 Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Fraser v Minister for Immigration and Border Protection (2015) 145 ALD 337 Gbojueh v Minister for Immigration and Citizenship (2012) 202 FCR 417 Gbojueh v Minister for Immigration and Citizenship [2015] FCAFC 43 Kalm v Administrative Appeals Tribunal and Anor (2013) 215 FCR 221 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Misiura v Minister for Immigration and Multicultural Affairs [2001] FCA 133 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54 MZAGK v Minister for Immigration and Border Protection (2014) 226 FCR 311 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 NBNB v Minister for Immigration and Border Protection (2014) 220 FCR 44 Roesner v Minister for Immigration and Border Protection [2015] FCAFC 132 Sean Investments Pty Ltd v McKellar (1981) 38 ALR 363 SZRLY v Minister for Immigration and Citizenship [2012] FCA 1459 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424
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