Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Van Rooyen v Minister for Immigration and Border Protection [2017] FCA 1368 File number: NSD 142 of 2017
Judge: BURLEY J
Date of judgment: 24 November 2017
Catchwords: MIGRATION – cancellation of visa on character grounds where substantial criminal record – whether the Respondent ought not to have considered matters affected by the Federal Circuit Court order quashing Migration Review Tribunal with writ of certiorari – requirements of procedural fairness and notice – dismissed
Legislation: Migration Act 1958 (Cth) ss 54, 55, 56, 56, 501
Cases cited: Amoorthum v Minister of Immigration and Border Protection [2016] FCA 277 Craig v South Australia (1995) 184 CLR 163 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Citizenship v SZRKT and anor [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh [2004] FCAFC 256; 139 FCR 505 Re Minister for Immigration and Multicultural Affairs;Ex parte Lam [2003] HCA 6; 214 CLR 1
Date of hearing: 8 June 2017
Date of last submissions: 20 June 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 73
Solicitor for the Applicant: Mr R Turner of Turner Coulson Immigration Lawyers
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