Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martin v Minister for Immigration and Border Protection [2017] FCA 1 File number: NSD 1469 of 2016
Judge: KATZMANN J
Date of judgment: 3 January 2017
Catchwords: MIGRATION – cancellation of visa on character grounds where substantial criminal record — request for revocation of cancellation decision under s 501CA of the Migration Act 1958 (Cth) — review of decision by Minister not to revoke cancellation decision — whether decision legally unreasonable — whether Minister failed to take into account a relevant consideration
Legislation: Migration Act 1958 (Cth) ss 474(2), 499, 501(3A), 501(7), 501CA
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476
Date of hearing: 12 December 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 60
Counsel for the Applicant: Ms R Francois with Mr A Edwards (Pro Bono)
Counsel for the Respondent: Mr D A Hughes
Solicitor for the Respondent: Mills Oakley
ORDERS NSD 1469 of 2016
BETWEEN: SIMON ISRAEL MARTIN Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
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