Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HZCP v Minister for Immigration and Border Protection [2018] FCA 1803 File number: WAD 300 of 2017
Judge: BROMBERG J
Date of judgment: 20 November 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 476A of the Act – whether Tribunal's decision affected by an error of law – discussion of authorities and principles relevant to whether the Tribunal may look behind or impugn the conviction or sentence that is a precondition to the exercise of power – whether the applicant's evidence to the Tribunal was inconsistent with the essential factual elements of the offence or findings of the sentencing judge – whether there was "no evidence" for findings of fact made by the Tribunal – whether Tribunal made findings of fact that were irrational or illogical - jurisdictional error not established – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 501(3A), 501CA
Cases cited: Australian Postal Corporation v D'Rozario [2014] FCAFC 89 Beckner v Minister for Immigration, Local Government and Ethnic Affairs (1991) 30 FCR 49 Degerli v Minister for Immigration and Ethnic Affairs [1981] FCA 250 (23 December 1981) Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Daniele (1981) 5 ALD 135 Minister for Immigration and Ethnic Affairs v Gungor (1982) 4 ALD 575 Minister for Immigration and Multicultural Affairs v Ali (2000) 62 ALD 673 Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234 MZZUG v Minister for Immigration and Border Protection [2015] FCA 1151 Re Du Pont v Minister for Immigration and Ethnic Affairs [1983] AATA 180 Secretary to the Department of Justice and Regulation v Bhatia [2018] VSC 500 Secretary to the Department of Justice and Regulation v LLF [2018] VSCA 155 Zeims v Prothonotory of the Supreme Court of New South Wales (1957) 97 CLR 279
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