Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taivei v Minister for Home Affairs [2018] FCA 1129 File number: NSD 970 of 2018
Judge: FLICK J
Date of judgment: 2 August 2018
Catchwords: MIGRATION – mandatory visa cancellation – where the Applicant did not satisfy the character test – where Minister refused to revoke decision to cancel the Applicant's visa ADMINISTRATIVE LAW – unreasonableness – noting of submissions made – failure to make findings of fact – procedural fairness – opportunity to be heard requires decision-maker to listen to what is being said ADMINISTRATIVE LAW – overlapping grounds of review
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 501, 501CA, 501G
Cases cited: Abebe v Commonwealth [1999] HCA 14, (1999) 197 CLR 510 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 Khan v Minister for Immigration and Ethnic Affairs (unreported, FCA, Gummow J, 11 December 1987) Minister for Immigration and Border Protection v Eden [2016] FCAFC 28, (2016) 240 FCR 158 Minister for Immigration and Border Protection v SZUSU [2016] FCAFC 50, (2016) 237 FCR 305 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33, (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, (2001) 206 CLR 323 MZAFS v Minister for Immigration and Border Protection [2016] FCA 75, (2016) 237 FCR 347 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141, (2013) 229 FCR 290 Soliman v University of Technology, Sydney [2012] FCAFC 146, (2012) 207 FCR 277 Stojanovski v Assistant Minister for Immigration and Border Protection [2017] FCA 609 Williams v Minister for the Environment and Heritage [2003] FCA 535, (2003) 74 ALD 124 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327, (2013) 233 FCR 534
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