Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Caric v Minister for Immigration and Border Protection [2017] FCA 1391 File number: NSD 463 of 2017
Judge: BROMWICH J
Date of judgment: 28 November 2017
Catchwords: MIGRATION – cancellation of visa on character grounds – request for revocation of cancellation decision under s 501CA of the Migration Act 1958 (Cth) – application for judicial review – whether issue of possible statelessness and indefinite detention was sufficiently raised on the material before the Parliamentary Secretary to the Minister – whether Parliamentary Secretary failed to consider the legal consequences for the applicant of the decision not to revoke the cancellation of her visa – whether Parliamentary Secretary failed to consider a substantial, clearly articulated argument relying upon established facts – where error established – whether final relief should be withheld on the ground of futility
Legislation: Evidence Act 1995 (Cth) ss 79, 144 Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: Australian Communist Party v Commonwealth (1951) 83 CLR 1 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 151; 139 FCR 292 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Gill v Minister for Immigration and Border Protection [2017] FCAFC 51 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; 220 FCR 1 NBNB v Minister for Immigration and Border Protection [2014] FCAFC 39; 220 FCR 44 Parmar v Minister for Immigration and Citizenship [2011] FCA 760; 195 FCR 186 R v Army Council; Ex parte Ravenscroft [1917] 2 KB 504 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33; (1949) 78 CLR 389 Re Refugee Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Shrestha v Minister for Immigration and Border Protection [2017] FCAFC 69 Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, Law Book Co, 2017)
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