Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Marzano v Minister for Immigration and Border Protection [2016] FCA 1180 File number: VID 81 of 2016
Judge: MOSHINSKY J
Date of judgment: 5 October 2016
Catchwords: MIGRATION – cancellation of visa on character grounds – request for revocation of cancellation decision under s 501CA of the Migration Act 1958 (Cth) – whether Minister misconstrued s 501CA(4) as conferring a discretion to revoke cancellation decision where satisfied of matters referred to in provision – whether revocation decision required to be made by same person as cancellation decision – whether Minister took into consideration material that was outside the scope of material that it was permissible to consider
Legislation: Migration Act 1958 (Cth), ss 500, 501, 501A, 501B, 501BA and 501CA Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth)
Cases cited: BCR16 v Minister for Immigration and Border Protection [2016] FCA 965 Bochenski v Minister for Immigration and Border Protection [2016] FCA 989 Dunn v Minister for Immigration and Border Protection [2016] FCA 489 Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166 Minister for Immigration and Multicultural Affairs v Watson (2005) 145 FCR 542 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Tusitala v Assistant Minister for Immigration and Border Protection [2016] FCA 845
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