Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nooau v Minister for Home Affairs [2018] FCA 2054 File number: NSD 1444 of 2018
Judge: LEE J
Date of judgment: 6 December 2018
Catchwords: MIGRATION – application for review of Minister's decision not to revoke the delegate's decision to cancel visa – failure of character test due to substantial criminal record – Minister not bound to take into account the best interests of the applicant's children – whether misconstruction of treaty obligations by an "Assistant Minister" could amount to reviewable error – application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501CA(4), s 501(3A), 501(6)(a),(7)
Cases cited: AB v The Minister for Immigration and Citizenship (2007) FCA 910; (2007) 96 ALD 53 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 Le v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 875 NIKAC v Minister for Immigration, Local Government and Ethnic Affairs (1988) 20 FCR 65 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1
Date of hearing: 6 December 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr G Johnson
Solicitor for the Respondent: HWL Ebsworth Lawyers
ORDERS NSD 1444 of 2018
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