Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DZC18 v Minister for Immigration and Border Protection [2018] FCA 1859 File number: VID 277 of 2018
Judge: MOSHINSKY J
Date of judgment: 27 November 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 the Minister engaged in a process of reasoning that was illogical, irrational, legally unreasonable or affected by an undisclosed legal error
Legislation: Migration Act 1958 (Cth), ss 501, 501CA, 501G
Cases cited: Avon Downs Pty Ltd v Commissioner of Taxation (Cth) (1949) 78 CLR 353 Coker v Minister for Immigration and Border Protection [2017] FCA 929 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367
Date of hearing: 2 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 51
Counsel for the Applicant: Ms GA Costello with Mr A Aleksov
Solicitor for the Applicant: Holding Redlich
Counsel for the Respondent: Ms CL Symons
Solicitor for the Respondent: Australian Government Solicitor
ORDERS VID 277 of 2018
BETWEEN: DZC18 Applicant
AND: MINISTER OF IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 27 NOVEMBER 2018
THE COURT ORDERS THAT:
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