Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baston v Minister for Immigration and Border Protection [2018] FCA 73 File number(s): WAD 264 of 2017
Judge(s): SIOPIS J
Date of judgment: 12 February 2018
Catchwords: MIGRATION - the applicant was convicted of child sex offences – the applicant came to Australia in 1976 - the applicant's absorbed person visa was cancelled by a delegate of the Minister for Immigration and Border Protection (the Minister) under s 501(3A) of the Migration Act 1958 (Cth) - the Minister declined to revoke the cancellation of the applicant's visa pursuant to s 501CA(4) of the Migration Act - the applicant applied to this Court for judicial review of the Minister's non-revocation decision - whether the Minister fell into jurisdictional error.
Legislation: Constitution, Ch III Migration Act 1958 (Cth) ss 476A(1)(c), 501(3A), 501(6)(e), 501CA(4), 501CA(4)(a)
Cases cited: Falzon v Minister for Immigration and Border Protection [2018] HCA 2 Bochenski v Minister for Immigration and Border Protection (2017) 347 ALR 45 El Ess v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 142 FCR 43 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1
Date of hearing: 10 October 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 110
Counsel for the Applicant: The Applicant appeared in person.
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