Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Candemir v Minister for Home Affairs [2018] FCA 1360 File number: NSD 57 of 2018
Judge: GLEESON J
Date of judgment: 6 September 2018
Catchwords: MIGRATION – application for review of Minister's decision to cancel applicant's visa pursuant to s 501BA of the Migration Act 1958 (Cth) – whether Minister failed to consider relevant issues – no legal obligation on Minister to consider issues raised – whether Minister failed to treat best interests of children as primary consideration – ground meritless, Minister expressly taking best interests of "minor children" into account and there being no obligation to treat best interests of "dependent children" as primary consideration – whether Minister exercised power for improper purpose – no error in Minister using s 501BA power to set aside Administrative Appeals Tribunal decision where power expressly contemplates this – application dismissed
Legislation: Migration Act 1958 (Cth) ss 501, 501BA, 501CA, Migration Regulations 1994 (Cth) r 1.03
Cases cited: Anaki v Minister for Immigration and Border Protection [2018] FCA 77 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration Multicultural and Indigenous Affairs v Nystrom [2006] HCA 50; (2006) 228 CLR 566
Date of hearing: 25 June 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
Solicitor for the Applicant: Mr R Turner of Turner Coulson Immigration Lawyers
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