Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GCLV v Minister for Home Affairs [2019] FCA 845 Appeal from: Application for review: GCLV and Minister for Home Affairs (Migration) [2018] AATA 4460
File number: NSD 2396 of 2018
Judge: BROMWICH J
Date of judgment: 7 June 2019
Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal – where mandatory visa cancellation made pursuant to s 501(3A) of the Migration Act 1958 (Cth) – consideration of Direction No. 65 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA – whether Tribunal committed jurisdictional error in failing to consider non-refoulement obligations – whether Tribunal committed jurisdictional error in reliance on custody records as periods of imprisonment – held: application dismissed with costs
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA, 501CA(3), 501CA(4), 501E(2)(a) Ministerial Direction No. 65 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA Ministerial Direction No. 75 – Refusal of Protection visas relying on section 36(1C) and section 36(2C)(b)
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 Navoto v Minister for Home Affairs [2019] FCA 295
Date of hearing: 31 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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