Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wozniak v Minister for Immigration and Border Protection [2017] FCA 44 File number: NSD 970 of 2016
Judge: BURLEY J
Date of judgment: 3 February 2017
Catchwords: MIGRATION – cancellation of visa on character grounds where substantial criminal record – decision of Minister not to revoke cancellation decision under s 501CA of the Migration Act 1958 (Cth) – whether Minister failed to consider relevant considerations, afford procedural fairness and apply the relevant legal provisions PRACTICE AND PROCEDURE – application for leave to amend originating application
Legislation: Acts Interpretation Act 1901 (Cth) s 19 Federal Circuit Court of Australia Act 1999 (Cth) s 39 Migration Act 1985 (Cth) ss 499, 501, 501CA
Cases cited: BCR16 v Minister for Immigration and Border Protection [2016] FCA 965 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141; (2015) 235 FCR 88 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 90 ALJR 901 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh [2004] FCAFC 256; (2004) 139 FCR 505 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom [2006] HCA 50; (2006) 228 CLR 566 Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh [1995] HCA 20; (1995) 183 CLR 273 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; (2015) 230 FCR 367 Nweke v Minister for Immigration and Citizenship [2012] FCA 266; (2012) 126 ALD 501 Perez v Minister for Immigration and Multicultural Affairs [2002] FCA 450; (2002) 119 FCR 454 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 SZJBA v Minister for Immigration and Citizenship [2007] FCA 1592; (2007) 164 FCR 14 Tickner v Chapman [1995] FCA 1726; (1995) 57 FCR 451 Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 568; (2001) 107 FCR 133
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