Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elara v Assistant Minister for Immigration and Border Protection [2017] FCA 1565 File number: WAD 245 of 2017
Judge: BARKER J
Date of judgment: 22 December 2017
Catchwords: MIGRATION – application for judicial review of decision not to revoke decision to cancel applicant's visa – visa cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Assistant Minister fell into jurisdictional error – whether decision legally unreasonable – whether Assistant Minister failed to take into account relevant consideration – whether Assistant Minister took into account irrelevant consideration – constitutional validity of s 501(3A) – pending High Court determination in Falzon
Legislation: Constitution Ch III Migration Act 1958 (Cth) ss 501, 501(2), 501(3A), 501CA(4)(b)(i), 501CA(4)(b)(ii) Criminal Code Act 1899 (Qld)
Cases cited: Falzon v Minister for Immigration and Border Protection [2017] HCATrans 230 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200 SZNGI v Minister for Immigration and Citizenship [2010] FCA 154
Date of hearing: 8 December 2017
Registry: Western Australia
Division: General Division
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