Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AMK16 v Assistant Minister for Immigration and Border Protection [2016] FCA 1557 File number: NSD 1050 of 2015
Judge: PERRY J
Date of judgment: 22 December 2016
Catchwords: MIGRATION – mandatory cancellation of the applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) – whether denial of procedural fairness by reason of Minister failing to consider material submitted by applicant in support of his request for revocation of the cancellation decision – whether breach of implied obligation on Serco officers to transmit documents to the Minister at applicant's request – whether grant of relief futile – application for judicial review allowed.
Legislation: Evidence Act 1995 (Cth) s 102 Migration Act 1958 (Cth) ss 4, 5, 13(1), 14(1), 189, 256, 273, 501(3A), 501(6)(a), 501(7)(c), 501CA, Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth) Federal Court Rules 2011 (Cth) r 4.12
Cases cited: Maxwell v Minister for Immigration and Border Protection [2016] FCA 47 NAFC v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1587; (2002) 126 FCR 99 Wei v Minister for Immigration and Border Protection [2015] HCA 51; (2015) 257 CLR 221 Ruddock v Vadarlis [2001] FCA 1329; (2001) 110 FCR 491 Stead v State Government Insurance Commission (1986) 161 CLR 141
Date of hearing: 30 November 2015, 17 December 2015 and 7 March 2016
Date of last submissions: 14 June 2016
Registry: New South Wales
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