Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mataia v Minister for Immigration and Border Protection [2018] FCA 401 File number(s): NSD 1150 of 2017
Judge(s): FARRELL J
Date of judgment: 26 March 2018
Catchwords: MIGRATION – visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) on grounds of substantial criminal record – review of a decision of the Administrative Appeals Tribunal – Tribunal affirmed decision of delegate not to revoke cancellation of the visa – whether the Tribunal did not take into account a relevant consideration under Ministerial Direction 65 – whether the Tribunal provided the applicant an opportunity to respond to adverse material – whether s 501(3A) is unconstitutional – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476, 499, 501, 501CA Crimes Act 1900 (NSW) s 97(1)
Cases cited: BSJ16 v Minister for Immigration and Border Protection [2016] FCA 1181 Chen v Minister for Immigration and Border Protection [2017] FCA 46 Falzon v Minister for Immigration and Border Protection (2018) 92 ALJR 201; HCA 2 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Salahuddin v Minister for Immigration and Citizenship (2013) 229 FCR 290; FCAFC 141 Salahuddin v Minister for Immigration and Citizenship [2013] FCA 588 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; HCA 63
Date of hearing: 4 December 2017
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