Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dalla v Minister for Immigration and Border Protection [2016] FCA 998 Appeal from: Dalla v Minister for Immigration and Anor [2016] FCCA 1341
File number: NSD 993 of 2016
Judge: LOGAN J
Date of judgment: 18 August 2016
Catchwords: MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – where appellant provided incorrect information – cancellation of subclass 457 temporary work (skilled) visa – at time of review appellant charged with but not convicted of criminal offences – Tribunal drew adverse inference against appellant on basis of these charges – absence of lawful authority so to do – appeal allowed – Migration Act 1958 (Cth) s 109; Migration Regulations 1994 (Cth) reg 2.41
Legislation: Crimes Act 1990 (NSW) s 192J Migration Act 1958 (Cth) ss 102(b), 109 Migration Regulations 1994 (Cth) regs 2.41, 2.41(e), 2.41(j), 2.43(1)(p)
Cases cited: C v T (1995) 58 FCR 1 COT15 v Minister for Immigration and Border Protection (No 1) (2015) 236 FCR 148 Dolan v Australian & Overseas Telecommunications Corporation (1993) 42 FCR 206 Environmental Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Momcilovic v The Queen (2011) 245 CLR 1 Sorby v The Commonwealth (1983) 152 CLR 281 Stead v State Government Insurance Commission (1986) 161 CLR 141 Woolmington v Director of Public Prosecutions (1935) AC 462
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