Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BNVM v Minister for Immigration and Border Protection [2018] FCA 131 Appeal from: BNVM and Minister for Immigration and Border Protection (Migration) [2017] AATA 621
File number: WAD 310 of 2017
Judge: MCKERRACHER J
Date of judgment: 22 February 2018
Catchwords: MIGRATION – where Minister's delegate refused to grant the applicant a Bridging E (Class WE) visa under s 501(1) of the Migration Act 1958 (Cth) – application for judicial review of a decision of the Administrative Appeals Tribunal – whether there was a failure to consider relevant considerations – whether the Tribunal considered the relevant considerations in Ministerial Direction No 65 – whether s 501(3A) is invalid under the Constitution
Legislation: Constitution Ch III, s 75(v) Migration Act 1958 (Cth) ss 116(1)(g), 476A(1)(b), 476A(2), 500(1)(b), 501(1), 501(3A), 501(6), 501CA
Cases cited: BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 Falzon v Minister for Immigration and Border Protection [2018] HCA 2 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 WASB v Minister for Immigration and Citizenship (2013) 217 FCR 292
Date of hearing: 5 December 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 56
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