Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AUZ18 v Minister for Immigration and Border Protection [2018] FCA 2117 File number(s): NSD 57 of 2017
Judge(s): FARRELL J
Date of judgment: 30 April 2018
Date of publication of reasons: 4 February 2019
Catchwords: MIGRATION – where delegate of the Minister for Immigration and Border Protection cancelled the applicant's Resolution of Status visa under s 501(3A) of the Migration Act 1958 (Cth) – where Assistant Minister personally refused to revoke cancellation decision – where parties agreed consent orders that the non-revocation decision was affected by jurisdictional error – where a delegate of the Minister for Home Affairs has subsequently decided not to revoke the decision to cancel the Resolution of Status visa – whether the Court should now issue an order for mandamus
Legislation: Migration Act 1958 (Cth) ss 500, 501, 501CA Migration Regulations 1994 (Cth) reg 2.07AQ
Cases cited: BHA17 v Minister for Immigration and Border Protection [2017] FCA 1288 Falzon v Minister for Immigration and Border Protection [2018] HCA 2
Date of hearing: 26 April 2017, 14 January 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter
Counsel for the Respondent: Ms A Mitchelmore
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 57 of 2017
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate