Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BCR16 v Minister for Immigration and Border Protection [2016] FCA 965 File number: VID 40 of 2016
Judge: MOSHINSKY J
Date of judgment: 17 August 2016
Catchwords: MIGRATION – cancellation of partner visa on character grounds – request for revocation of cancellation decision under s 501CA of the Migration Act 1958 (Cth) – whether proper consideration given to best interests of the child – whether jurisdictional error due to failure to consider non-refoulement obligations – where applicant was able to apply for protection visa and Minister decided that it was therefore unnecessary to determine whether non-refoulement obligations were owed
Legislation: Migration Act 1958 (Cth), ss 36, 65, 195A, 197C, 198, 499, 501, 501CA Migration Regulations 1994 (Cth), Sch 2, cl 866.225(a), Sch 4, Public Interest Criterion 4001
Cases cited: AB v Minister for Immigration and Citizenship (2007) 96 ALD 53 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 516 Brown v Minister for Immigration and Border Protection (2015) 235 FCR 88 Cotterill v Minister for Immigration and Border Protection (2016) 330 ALR 617 Dunn v Minister for Immigration and Border Protection [2016] FCA 489 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Le v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 875 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v WZARH (2015) 326 ALR 1 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration and Multicultural Affairs v Huynh [2004] FCAFC 47 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 NBMB v Minister for Immigration and Border Protection (2014) 220 FCR 44 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Paerau v Minister for Immigration and Border Protection (2014) 219 FCR 504 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Spruill v Minister for Immigration and Citizenship (2012) 135 ALD 45 SZLDG v Minister for Immigration and Citizenship (2008) 166 FCR 230 Tusitala v Assistant Minister for Immigration and Border Protection [2016] FCA 845
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