Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Sharma [2019] FCA 597 File number: VID 947 of 2018
Judge: ANASTASSIOU J
Date of judgment: 7 May 2019
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Administrative Appeals Tribunal – character test – power of Tribunal to look behind guilty plea – application of s 501 of the Migration Act 1958 (Cth) – application of Direction 65
Legislation: Migration Act 1958 (Cth)
Cases cited: Brown v Minister for Immigration & Citizenship (2009) 112 ALD 67 HZCP v Minister for Immigration and Border Protection [2018] FCA 1803 Secretary to the Department of Justice and Regulation v LLF [2018] VSCA 155
Date of hearing: 1 March 2019
Date of last submissions: 21 January 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 39
Counsel for the Applicant: Mr R Knowles
Counsel for the First Respondent: Mr A Aleksov
Counsel for the Second Respondent: The second respondent did not appear
ORDERS VID 947 of 2018
BETWEEN: MINISTER FOR HOME AFFAIRS Applicant
AND: AJAY SHARMA First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: ANASTASSIOU J DATE OF ORDER: 7 MAY 2019
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the first respondent's costs of this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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