Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nigam v Minister for Immigration and Border Protection [2017] FCA 106 File number: NSD 1658 of 2016
Judge: PERRY J
Date of judgment: 15 February 2017
Catchwords: MIGRATION – Migration Act 1958 (Cth) s 501CA – cancellation of visa – whether Administrative Appeals Tribunal erred in the exercise of discretion by taking into account the "principle that persons who commit serious crimes should expect to forfeit the privilege of remaining in Australia" as a legal principle - whether Tribunal was required to make a "determination" as to where the best interests of the applicant's child lay in the sense of making a positive finding – whether the Tribunal failed to have proper regard to the extent to which the applicant would play a positive role in his minor child's life COSTS – extent to which costs are recoverable against legally aided person in Federal Court – whether s 47, Legal Aid Commission Act 1979 (NSW) limiting liability for costs is applied by s 79 Judiciary Act 1903 (Cth) as a surrogate Commonwealth law – whether decision in Woodlands v Permanent Trustee Co Ltd (1996) 68 FCR 213 overruled
Legislation: Constitution s 109 Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 79 Legal Aid Commission Act 1979 (NSW) ss 42, 47, 57 Migration Act 1958 (Cth) ss 4, 13, 14, 29, 45, 501, 65, 499, 501CA
Cases cited: AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105 Commissioner of the Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Jones v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 32 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Ethnic Affairs v Wu Shan Liange [1996] HCA 6 Paerau v Minister for immigration [2014] FCAFC 28 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 53 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150 Tesic v Minister for Immigration and Border Protection [2016] FCA 1465 Tupkovic v Minister for Immigration and Border Protection [2017] FCA 73 Wilson v Alexander [2003] FCAFC 272 Woodlands v Permanent Trustee Co Ltd (1996) 68 FCR 213
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