Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ali v Minister for Home Affairs [2018] FCA 1895 File number: NSD 1407 of 2018
Judge: BROMWICH J
Date of judgment: 30 November 2018
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate of first respondent to refuse to revoke decision to cancel applicant's visa – whether Tribunal misconstrued Direction No. 65 by misconstruing [14.2(1)], by incorrectly relying upon a "balance of probabilities" standard, by erroneously assessing expectations of the Australian community, or in erroneously expressing its final conclusions – whether decision of Tribunal was infected by jurisdictional error by reason of legal unreasonableness – held: both grounds of review must fail – held: application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 499, 501(3A), (6)(a), (7)(c), 501CA(4)(b)(ii)
Cases cited: Afu v Minister for Home Affairs [2018] FCA 1311 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 Contreras v Minister for Immigration and Border Protection [2015] FCAFC 47 Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166; 153 ALD 338 DAF18 v Minister for Home Affairs [2018] FCA 1367 FTZK v Minister for Immigration and Border Protection [2014] HCA 26; 310 ALR 1 Hooton v Minister for Home Affairs [2018] FCAFC 142 Minister for Home Affairs v Buadromo [2018] FCAFC 151 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 QSVS v Minister for Home Affairs [2018] FCAFC 124 Romanov v Minister for Home Affairs [2018] FCA 1494 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162 Siueve v Minister for Home Affairs (Migration) [2018] AATA 1079 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Tupai v Minister for Home Affairs [2018] FCA 986 Uelese v Minister for Immigration and Border Protection [2016] FCA 348 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116 Wehi v Minister for Immigration and Border Protection [2018] FCA 1176 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
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