Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kemp v Minister for Immigration and Border Protection [2018] FCA 1106 File number: NSD 2236 of 2016
Judge: MARKOVIC J
Date of judgment: 27 July 2018
Catchwords: MIGRATION – where the Assistant Minister determined not to revoke a decision under s 501(3A) of the Migration Act 1958 (Cth) (Act) to cancel the applicant's visa pursuant to s 501CA(4) of the Act – where the applicant alleged that the Assistant Minister exercised his discretion in a manner that was legally unreasonable and took into account an irrelevant consideration – where the applicant further alleged that the Assistant Minister denied the applicant procedural fairness – whether the Assistant Minister's decision was affected by jurisdictional error – application allowed.
Legislation: Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: AZAFQ v Minister for Immigration and Border Protection (2016) 243 FCR 451 Commissioner of Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Falzon v Minister for Immigration and Border Protection [2017] HCATrans 84 Falzon v Minister for Immigration and Border Protection (2018) 351 ALR 61; [2018] HCA 2 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 Kim v Minister for Immigration and Border Protection [2017] FCA 372 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v Tesic (2017) 251 FCR 23 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Nigam v Minister for Immigration and Border Protection (2017) 71 AAR 369; [2017] FCA 106 Parker v Minister for Immigration and Border Protection [2017] FCA 314 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Tesic v Minister for Immigration and Border Protection [2016] FCA 1465 Tupkovic v Minister for Immigration and Border Protection [2017] FCA 73 Williams v Minister for Immigration and Border Protection (2014) 226 FCR 112
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