Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HSKJ v Minister for Immigration and Border Protection [2018] FCA 1013 File number: WAD 579 of 2017
Judge: BANKS-SMITH J
Date of judgment: 6 July 2018
Catchwords: MIGRATION – application to review decision of Administrative Appeals Tribunal – mandatory cancellation of visa by delegate under s 501CA of the Migration Act 1958 (Cth) – whether jurisdictional error in Tribunal treating some considerations under Direction 65 as secondary considerations – matter remitted
Legislation: Migration Act 1958 (Cth) ss 476A, 501, 501CA
Cases cited: Awa v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 63; (2002) 189 ALR 328 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 450 HSKJ and Minister for Immigration and Border Protection [2017] AATA 1802 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594
Date of hearing: 29 June 2018
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 45
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr AN Gerrard
Solicitor for the First Respondent: Australian Government Solicitor
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