Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Whittaker v Minister for Immigration and Border Protection [2017] FCA 494 File number: QUD 224 of 2017
Judge: DERRINGTON J
Date of judgment: 4 May 2017
Catchwords: MIGRATION – application to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – cancellation made prior to Migration Amendment (Character Cancellation Consequential Provisions) Act 2017 (Cth) PRACTICE AND PROCEDURE – Jurisdiction – Whether court has jurisdiction to transfer proceedings under s 32AB of the Federal Court of Australia Act 1976 (Cth) where there is no jurisdiction to hear the substantive matter
Legislation: Migration Act 1958 (Cth) Migration Amendment (Character Cancellation Consequential Provisions) Act 2017 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) Federal Court of Australia Act 1999 (Cth) Judiciary Act 1903 (Cth)
Cases cited: Asaad v Minister for Immigration and Citizenship [2008] FCA 836 Poroa v Minister for Immigration and Border Protection [2015] FCA 1313 Rashidzadeh v Minister for Immigration and Citizenship [2008] FCA 1168 Tusitala v Assistant Minister for Immigration and Border Protection [2015] FCA 1188
Date of hearing: 4 May 2017
Registry: Brisbane
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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