Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bochenski v Minister for Immigration and Border Protection [2016] FCA 989 File number: VID 548 of 2016
Judge: TRACEY J
Date of judgment: 22 August 2016
Catchwords: MIGRATION – application for judicial review of Assistant Minister's decision not to revoke a cancellation of a visa under s 501CA of the Migration Act 1958 (Cth) – whether Assistant Minister bound to take into account directions made under s 499 of the Migration Act 1958 (Cth) – whether Assistant Minister a "person" for the purposes of s 499(2A) of the Migration Act 1958 (Cth) – whether applicant denied procedural fairness
Legislation: Acts Interpretation Act 1901 (Cth), ss 19A(1), 19(1), 20 Acts and Instruments (Framework Reform) Act 2015 (Cth), s 2(1), Sch 2, Pt 2, s 4 Constitution, ss 64, 65 Federal Circuit Court Rules 2001 (Cth), r 8.02(1) Migration Act 1958 (Cth), ss 198AHA, 499, 499(1), 499(2A), 499(3), 501(2), 501(3), 501(3A), 501(6)(a), 501(7)(c), 501(3A), 501CA, 501CA(3), 501CA(4), 501CA(5), 501L(1), 501L(7) Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 (Cth)
Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 – cited Damanik v Minister for Immigration and Multicultural Affairs [2000] FCA 771 – cited Halmi v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 1 – cited Howells v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 580 – cited Jagroop v Minister for Immigration and Border Protection (2013) 61 AAR 542 – cited Maxwell v Minister for Immigration and Border Protection [2016] FCA 47 – cited Misiura v Minister for Immigration and Multicultural Affairs [2001] FCA 133 – cited Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29 – cited NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 – cited Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016) 98 ALJR 297 – cited Re Patterson; Ex parte Taylor (2001) 207 CLR 391 – cited Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583 – cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 – cited
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