Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kangotra v Minister for Home Affairs [2018] FCA 1860 Appeal from: Kangotra v Minister for Home Affairs [2018] FCCA 1553
File number: NSD 1192 of 2018
Judge: MARKOVIC J
Date of judgment: 28 November 2018
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing the appellants' application for judicial review – where the Administrative Appeals Tribunal (Tribunal) affirmed the decision of a delegate not to grant the appellants temporary business entry visas – where the delegate's decision was affected by clear error – whether the Tribunal was required to review the delegate's decision and whether in this case no such review took place – whether the Tribunal was obliged, under s 359A of the Migration Act 1958 (Cth), to give the appellants clear particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 338, 348, 349, 359A, 360(1), 360A Migration Regulations 1994 (Cth) Sch 2, cl 457.223
Cases cited: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Date of hearing: 14 November 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 Appellants: Mr M Newman
Counsel for the First Respondent: Mr M Cleary
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