Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wahed v Minister for Home Affairs [2018] FCA 1336 File number: VID 91 of 2018
Judge: BROMBERG J
Date of judgment: 31 August 2018
Catchwords: MIGRATION – applicant's visa cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) ("Act") – decision not to revoke cancellation decision pursuant to s 501CA(4) of the Act – application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") under s 500(1)(ba) of the Act to affirm a decision of the Minister – whether the Tribunal's decision was affected by jurisdictional error –whether s 501(3A) is invalid – application dismissed PRACTICE AND PROCEDURE – whether notices required under s 78B of the Judiciary Act 1903 (Cth) – whether a real and substantial constitutional issue was raised by the application
Legislation: Judiciary Act 1903 (Cth), s 78B Migration Act 1958 (Cth), ss 500(1)(ba), 501(3A), 501CA(4)
Cases cited: Falzon v Minister for Immigration and Border Protection (2018) 92 ALJR 201 Re Culleton (2017) 91 ALJR 302
Date of hearing: 20 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr O Ciolek
Solicitor for the First Respondent: Sparke Helmore Lawyers
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