Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oluwafemi v Minister for Home Affairs [2018] FCA 1389 Appeal from: Oluwafemi and Minister for Home Affairs [2018] AATA 690
File number: NSD 607 of 2018
Judge: THAWLEY J
Date of judgment: 10 September 2018
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed a decision to refuse the applicant's visa application – whether Tribunal failed to make a finding as to the best interests of applicant's child – whether Tribunal's assessment and balancing of the primary considerations and other considerations was legally unreasonable
Legislation: Migration Act 1958 (Cth) ss 476A(1)(b), 499(1), 499(2A), 500(1), 501(1), 501(6)
Cases cited: Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Nigam v Minister for Immigration and Border Protection (2017) 254 FCR 295 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
Date of hearing: 10 September 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 51
Solicitor for the Applicant: Mr R Abbas of R & J Lawyers Pty Ltd
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