Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCutcheon v Minister for Immigration and Border Protection [2018] FCA 828 File number: VID 16 of 2018
Judge: KERR J
Date of judgment: 6 June 2018
Catchwords: MIGRATION – application for review of a decision of the Assistant Minister for Immigration and Border Protection not to revoke a visa cancellation decision – whether Minister gave proper, genuine and realistic consideration to representations made by or on behalf of the applicant – decision quashed and remitted
Legislation: Migration Act 1958 (Cth) ss 501, 501C, 501CA
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, (2003) 236 FCR 593 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Isley v Minister for Immigration and Border Protection [2018] FCA 632 Minister for Immigration and Citizenship v SZLSP [2010] FCAFC 108; (2010) 187 FCR 362 Picard v Minister for Immigration and Border Protection [2015] FCA 1430
Date of hearing: 29 May 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 102
Counsel for the Applicant: Mr M Kenneally
Solicitor for the Applicant: WLW Migration Lawyers
Counsel for the Respondent: Ms C Symons
Solicitor for the Respondent: Australian Government Solicitor
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