Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tusitala v Assistant Minister for Immigration and Border Protection [2016] FCA 845 File number: NSD 32 of 2016
Judge: MARKOVIC J
Date of judgment: 28 July 2016
Catchwords: MIGRATION – judicial review of the Assistant Minister's decision under s 501CA(4) of the Migration Act 1958 (Cth) refusing to exercise her discretion to revoke the decision made by the Minister's delegate under s 501(3A) of the Migration Act 1958 (Cth) to cancel the applicant's visa – whether the Assistant Minister took into account the best interests of the applicant's children and minor relatives – whether the Assistant Minister consulted the applicant's family – whether the Assistant Minister considered the applicant's ties to Australia – whether the Assistant Minister had jurisdiction to exercise the discretion under s 501CA(4) of the Migration Act 1958 (Cth) – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) ss 19, 19A Migration Act 1958 (Cth) ss 501(3A), 501CA(3), 501CA(4)
Cases cited: Brown v Minister for Immigration and Border Protection [2015] 235 FCR 88 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Tusitala v Assistant Minister for Immigration and Border Protection [2015] FCA 1188 Tusitala v Assistant Minister for Immigration and Border Protection [2015] FCCA 3482
Date of hearing: 14 June 2016
Registry: New South Wales
Division: General Division
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