Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kim v Minister for Immigration and Border Protection [2017] FCA 372 File number: NSD 1527 of 2016
Judge: MARKOVIC J
Date of judgment: 13 April 2017
Catchwords: MIGRATION – application for judicial review of decision of the Minister not to revoke a decision of the Minister's delegate to cancel applicant's visa – whether the Minister fell into jurisdictional error – application dismissed
Legislation: Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: Tesic v Minister for Immigration and Border Protection [2016] FCA 1465 Tupkovic v Minister for Immigration and Border Protection [2017] FCA 73 Wozniak v Minister for Immigration and Border Protection [2017] FCA 44
Date of hearing: 27 March 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 48
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Ms C Tipene
Solicitor for the Respondent: Sparke Helmore
ORDERS NSD 1527 of 2016
BETWEEN: HEO KWAN KIM Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: MARKOVIC J DATE OF ORDER: 13 APRIL 2017
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
MARKOVIC J:
introduction 1 On 24 August 2016 the applicant, Mr Kim, commenced a proceeding in the Federal Circuit Court of Australia (Federal Circuit Court) seeking judicial review of a decision made by the respondent (Minister) not to revoke the decision made by the Minister's delegate to cancel Mr Kim's Class BU Subclass 836 Carer (Permanent) visa (Visa) under s 501(3A) of the Migration Act 1958 (Cth) (Act). 2 On 9 September 2016, by consent, the Federal Circuit Court made an order transferring Mr Kim's application for judicial review of the Minister's decision to this Court.
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