Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Broadbent v Minister for Immigration and Border Protection [2018] FCA 173 File number(s): NSD 194 of 2017
Judge(s): FARRELL J
Date of judgment: 1 March 2018
Catchwords: MIGRATION – review of the decision of the Assistant Minister for Immigration and Border Protection – visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) on grounds of substantial criminal record - decision not to revoke visa cancellation – whether s 501(3A) of the Migration Act is unconstitutional – whether the Minister's decision could be supported by the evidence – application dismissed
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 39(1) Migration Act 1958 (Cth) ss 477A, 501, 501(3A), 501(6), 501(6)(a), 501(7), 501(7)(c), 501CA(3)(b), 501CA(4) Federal Circuit Court Rules 2001 (Cth) r 8.02(1) Crimes Act 1900 (NSW) s 35(4)
Cases cited: Falzon v Minister for Immigration and Border Protection [2018] HCA 2
Date of hearings: 15 September 2017, 30 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 28
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr D Hughes
Solicitor for the Respondent: Sparke Helmore
ORDERS NSD 194 of 2017
BETWEEN: BEAUREGARD ARTHUR BROADBENT Applicant
AND: MINISTER FOR IMMIGRATON AND BORDER PROTECTION Respondent
JUDGE: FARRELL J DATE OF ORDER: 1 march 2018
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