Sidhu v Minister for Immigration and Border Protection [2017] FCA 889

FEDERAL COURT OF AUSTRALIA Sidhu v Minister for Immigration and Border Protection [2017] FCA 889 Appeal from: Sidhu v Minister for Immigration and Anor [2017] FCCA 540

File number(s): VID 374 of 2017

Judge(s): DERRINGTON J

Date of judgment: 22 December 2017

Catchwords: MIGRATION – cancellation of visa under s 116(1)(b) of the Migration Act 1958 (Cth) – whether the Tribunal failed to consider the appellant's claim – whether an error of fact by the Tribunal resulted in the appellant's claim being misconstrued MIGRATION – whether the Tribunal's finding of fact was illogical, irrational or otherwise unreasonable

Legislation: Migration Act 1958 (Cth), ss 116, 477

Cases cited: Abebe v The Commonwealth (1999) 197 CLR 510 ACE15 v Minister for Immigration and Border Protection [2017] FCA 1054 ARG15 v Minister for Immigration & Border Protection [2016] FCAFC 174 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALJR 1088 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Minister for Immigration & Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v MZYTS [2013] 230 FCR 431 Minister for Immigration and Border Protection v Singh [2016] FCA 575 Minister for Immigration and Border Protection v SZSRS 309 ALR 67 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 Minister for Immigration And Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZXSA v Minister for Immigration and Citizenship (2010) 117 ALD 441 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 SZRPT v Minister for Immigration and Border Protection [2014] FCA 24