Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mrishaj v Minister for Immigration and Border Protection [2016] FCA 456 File number: SAD 288 of 2015
Judge: BESANKO J
Date of judgment: 2 May 2016
Catchwords: MIGRATION – application for extension of time and for review of a migration decision – where visa cancelled pursuant to s 503(1) of Migration Act 1958 (Cth) – where Minister reasonably suspected applicant did not pass character test and that it was in the national interest to cancel the visa – where Minister reasonably suspected applicant a member of a group or organisation and that the group or organisation has been or is involved in criminal conduct– where information protected under s 503A of Migration Act 1958 (Cth) – whether Minister misconstrued legislation – whether applicant given sufficient information by Minister to enable him to make representations to Minister – whether Minister proceeded on basis that the applicant would be given an effective opportunity to make representations when that was not the case – whether Minister's decision unreasonable. Held: Extension of time granted. Originating Application dismissed.
Legislation: Migration Act 1958 (Cth) ss 476A, 477A, 501, 501A, 501B, 501C, 501F, 503A
Cases cited: George v Rockett and Another (1990) 170 CLR 104 Queensland Bacon Proprietary Limited v Rees (1966) 115 CLR 266 Minister for Immigration and Border Protection v Singh and Another (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Citizenship v Haneef (2007) 163 FCR 414 Minister for Immigration and Citizenship v Li and Another (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZGUR and Another (2011) 241 CLR 594 Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259 NBMW v Minister for Immigration and Border Protection (No 2) (2014) 222 FCR 376 Re Patterson; Ex parte Taylor (2001) 207 CLR 391 Vella v Minister for Immigration and Border Protection [2015] FCAFC 53; (2014) 230 FCR 61
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