Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Farah v Minister for Immigration and Border Protection [2018] FCA 461 File number(s): WAD 102 of 2017
Judge(s): SIOPIS J
Date of judgment: 6 April 2018
Catchwords: MIGRATION – the applicant's special category visa was cancelled on character grounds – the Administrative Appeals Tribunal (the Tribunal) revoked the cancellation of the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – the Minister for Immigration and Border Protection (the Minister) acting under s 501BA(2), set aside the Tribunal's decision and cancelled the applicant's special category visa – whether the Minister's decision was unreasonable – the Minister relied on the applicant's conduct which occurred after the date of the Tribunal's decision – whether the Minister was under a duty to make a reasonable inquiry to ascertain the facts comprising the applicant's conduct.
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501BA, 501BA(2), 501CA(4)
Date of hearing: 20 November and 8 December 2017
Date of last submissions: 18 December 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 56
Counsel for the Applicant: Mr ME Udall
Solicitor for the Applicant: Martin Udall & Associates
Counsel for the Respondent: Mr RJS French
Solicitor for the Respondent: Australian Government Solicitor
ORDERS WAD 102 of 2017
BETWEEN: ABDIRAHMAN MOHAMED FARAH Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: SIOPIS J DATE OF ORDER: 6 april 2018
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