Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Uelese v Minister for Immigration and Border Protection [2016] FCA 348 File number: NSD 1305 of 2015
Judges: ROBERTSON J
Date of judgment: 12 April 2016
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Administrative Appeals Tribunal – migration – cancellation of visa on character grounds – whether Direction no. 65 made by the Minister under s 499 of the Migration Act 1958 (Cth) is a legislative instrument within the Legislation Act 2003 (Cth) – whether the Administrative Appeals Tribunal made a jurisdictional error in making certain findings where "no evidence" MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – cancellation of visa on character grounds – whether Direction no. 65 made by the Minister under s 499 of the Migration Act 1958 (Cth) is a legislative instrument within the Legislation Act 2003 (Cth) – whether the Administrative Appeals Tribunal made a jurisdictional error in making certain findings where "no evidence"
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Legislation Act 2003 (Cth) ss 5(4), 7, 24, 31 Migration Act 1958 (Cth) ss 476A(1)(b), 499, 500, 501
Cases cited: Golden-Brown v Hunt (1972) 19 FLR 438 Milne v Minister for Immigration and Citizenship [2011] FCAFC 41; 120 ALD 405 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; 162 CLR 221 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 327 ALR 8 Re Becker and Minister for Immigration and Ethnic Affairs (1977) 32 FLR 469 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Re Patterson; Ex parte Taylor [2001] HCA 51; 207 CLR 391 RG Capital Radio Ltd v Australian Broadcasting Authority [2001] FCA 855; 113 FCR 185 Rokobatini v Minister for Immigration and Multicultural Affairs [1999] FCA 1238; 90 FCR 583 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141; 140 ALD 1 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 319 ALR 181 Visa Cancellation Applicant and Minister for Immigration [2011] AATA 690 Visa International Service Association v Reserve Bank of Australia [2003] FCA 977; 131 FCR 300 Williams v Minister for Immigration and Border Protection [2014] FCA 674; 226 FCR 112
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