Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
James v Minister for Immigration and Border Protection [2017] FCA 410 File numbers: NSD 156 of 2017
Judge: ROBERTSON J
Date of judgment: 20 April 2017
Catchwords: MIGRATION – judicial review of Minister's decision not to revoke decision to cancel visa – whether Minister failed to have regard to correct legal principle in assessing the applicant's criminality and sentences passed upon him – whether the exercise of power by the Minister was legally unreasonable – whether the Minister denied the applicant procedural fairness
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA Federal Court Rules 2011 (Cth) r 4.12
Cases cited: Commissioner for ACT Revenue v Alphaone Pty Ltd [1994] FCA 1074; 49 FCR 576 Kioa v West [1985] HCA 81; 159 CLR 550 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; 230 FCR 367
Date of hearing: 20 April 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 49
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Ms A Mitchelmore
Solicitor for the Respondent: Mills Oakley
ORDERS NSD 156 of 2017
BETWEEN: SIDNEY JASON JAMES Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: ROBERTSON J DATE OF ORDER: 20 APRIL 2017
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