Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baleiovalau v Minister for Immigration and Border Protection [2018] FCA 462 File number: NSD 2305 of 2017
Judge: ROBERTSON J
Date of judgment: 5 April 2018
Catchwords: MIGRATION – decision made by the Minister personally not to revoke, under s 501CA(4) of the Migration Act 1958 (Cth), a decision made under s 501(3A) where the visa holder did not pass the character test – whether there was a judicially reviewable error in the Minister concluding that he was not satisfied that there was another reason why the original decision should be revoked – Held: application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 19 Migration Act 1958 (Cth) ss 476A, 499, 501(3A), 501CA(4)
Cases cited: Falzon v Minister for Immigration and Border Protection [2018] HCA 2; 351 ALR 61
Date of hearing: 5 April 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 41
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr P Knowles
Solicitor for the Respondent: Mills Oakley
ORDERS NSD 2305 of 2017
BETWEEN: TOMU BALEIOVALAU Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: ROBERTSON J DATE OF ORDER: 5 APRIL 2018
THE COURT ORDERS THAT:
1. The application is dismissed, with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
ROBERTSON J:
Introduction 1 The applicant, Mr Baleiovalau, seeks judicial review of a decision of the Assistant Minister for Immigration and Border Protection made under s 501CA(4) of the Migration Act 1958 (Cth) on 13 December 2017 not to revoke the decision to cancel Mr Baleiovalau's visa under s 501(3A). The decision under s 501(3A) was made on 16 February 2017. The visa was a Class BF Transitional (Permanent) visa. 2 In these reasons, I shall refer to the Assistant Minister as the Minister: see s 19 of the Acts Interpretation Act 1901 (Cth).
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