Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FPU18 v Minister for Immigration and Border Protection [2018] FCA 1606 File number: VID 1041 of 2017
Judge: MOSHINSKY J
Date of judgment: 26 October 2018
Catchwords: MIGRATION – mandatory cancellation of applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) – decision by Minister under s 501CA of the Act not to revoke the cancellation decision – whether Minister failed to respond to a clearly articulated argument – whether the Minister failed to give proper, genuine or realistic consideration to an issue – whether the Minister denied the applicant procedural fairness – application allowed
Legislation: Criminal Code Act 1995 (Cth) Migration Act 1958 (Cth), ss 501, 501CA Crimes Act 1900 (NSW)
Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 Coker v Minister for Immigration and Border Protection [2017] FCA 929 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Picard v Minister for Immigration and Border Protection [2015] FCA 1430
Date of hearing: 26 June 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 58
Counsel for the Applicant: Ms GA Costello
Solicitor for the Applicant: WLW Migration Lawyers
Counsel for the Respondent: Mr R Knowles
Solicitor for the Respondent: Australian Government Solicitor
ORDERS VID 1041 of 2017
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