Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harchandani v Minister for Immigration and Border Protection [2017] FCA 1395 Appeal from: Harchandani v Minister for Immigration and Border Protection [2016] FCCA 3145
File number: NSD 8 of 2017
Judge: PERRAM J
Date of judgment: 29 November 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether failure by Tribunal to take into account relevant considerations – whether Tribunal committed jurisdictional error by misconstruing and misapplying s 5F(2)(b) of Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) ss 5F, 5F(2)(b), 5F(2)(c), 5F(3) Migration Regulations 1994 (Cth) rr 1.15A(3)(c)(i), 1.15A(3)(c)(ii), 1.15A(3)(d)(iii), 1.15A(3)(d)(iv), sch 2, cl 820.211(2)(a)
Cases cited: Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5; (2016) 236 FCR 303
Date of hearing: 15 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 33
Counsel for the Appellant: Mr L Karp
Solicitor for the Appellant: Kinslor Prince Lawyers
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: DLA Piper Australia
ORDERS NSD 8 of 2017
BETWEEN: SUNILKUMAR SHANKARDAS HARCHANDANI Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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