Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ozer v Minister for Home Affairs [2019] FCA 104 File number: VID 145 of 2018
Judge: STEWARD J
Date of judgment: 14 February 2019
Catchwords: MIGRATION – application for judicial review of a decision of the Minister for Home Affairs not to revoke a visa cancellation – applicant's visa cancelled on character grounds – where applicant has substantial criminal record –whether Minister's decision was legally unreasonable because he should have made further enquiries
Legislation: Aboriginal Heritage Act 1972 (WA) Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) s 10 Migration Act 1958 (Cth) ss 6A, 501, 501BA, 501CA
Cases cited: Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Cumins v Federal Commissioner of Taxation [2007] FCAFC 21; 66 ATR 57 Farah v Minister for Immigration and Border Protection [2018] FCA 461 Finance Facilities Pty Ltd v Commissioner of Taxation (1971) 127 CLR 106 Gbojueh v Minister for Immigration and Citizenship (2012) 202 FCR 417 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs (2014) 220 FCR 202 Ibrahim v Minister for Home Affairs [2018] FCA 1592 In Re Denaby and Cadeby Main Colleries Ltd & Ors (1927) 43 TLR 322 Luu v Renevier (1989) 91 ALR 39 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 357 ALR 408 Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Tickner v Bropho (1993) 40 FCR 183 Uriaere v Minister for Home Affairs [2018] FCA 2084 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116 Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22 Westlake v Attorney-General [2017] FCA 1058 Weti-Safwan v Minister for Immigration and Border Protection [2018] FCA 1761
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