Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Abdel-Hady v Minister for Immigration and Border Protection [2018] FCA 535 File number: NSD 1742 of 2017
Judge: WIGNEY J
Date of judgment: 20 April 2018
Catchwords: MIGRATION – visa cancellation – character test – Ministerial Direction 65, cll 8, 9 – interests of minor children as a primary consideration – whether denial of procedural fairness – whether "legitimate expectation" disappointed – legal unreasonableness – Convention on the Rights of the Child 1989, Art 3, 9 – Migration Act 1968 (Cth), ss 501(2), (6)(a), (7)(c)
Legislation: Family Law Act 1975 (Cth) Migration Act 1958 (Cth), s 501 Ministerial Direction No. 65, cll 8, 9 Crimes Act 1900 (NSW), ss 37, 38, 61L Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 12 Convention on the Rights of the Child. Opened for signature 20 November 1989. [1991] ATS 4 (entered into force 2 September 1990)
Cases cited: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Nweke v Minister for Immigration & Citizenship [2012] FCA 266; (2012) 126 ALD 501 Vaitaiki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133
Date of hearing: 8 March 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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