Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Manihera v Minister for Immigration and Border Protection [2017] FCA 1567 File number: WAD 349 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 Assistant Minister failed to take into account relevant consideration – constitutional validity of s 501(3A) – pending High Court determination in Falzon
Legislation: Constitution Migration Act 1958 (Cth) ss 477, 501, 501(2), 501(3A), 501CA(4), 501CA(4)(b)(ii)
Cases cited: Elara v Assistant Minister for Immigration and Border Protection [2017] FCA 1565 Falzon v Minister for Immigration and Border Protection [2017] HCATrans 230 Hooton v Minister for Immigration and Border Protection [2017] FCA 586 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505; [2004] FCAFC 256 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200
Date of hearing: 8 December 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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