Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Asaad v Minister for Home Affairs [2019] FCA 921 File number: QUD 182 of 2018
Judge: REEVES J
Date of judgment: 14 June 2019
Catchwords: MIGRATION – application for judicial review of a decision of the Minister for Home Affairs to cancel the applicant's Class BS Subclass 801 Partner (Residence) visa – whether the Minister's decision is unlawful due to a failure to consider the legal and practical consequence of the decision arising from ss 189, 196 and 198 of the Migration Act 1958 (Cth) – whether the applicant may be stateless and it is not reasonably practical to remove him from Australia – whether the Minister's decision was unreasonably harsh – whether the Minister's decision was legally unreasonable – whether the Minister was estopped by an earlier decision not to cancel the applicant's visa – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) Australian Passports Act 2005 (Cth) Criminal Code Act 1995 (Cth) Migration Act 1958 (Cth) Nationality Act 1920 (Cth)
Cases cited: Al-Kateb v Godwin (2004) 219 CLR 562; [2004] HCA 37 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Cotterill v Minister for Immigration and Border Protection (2016) 240 FCR 29; [2016] FCAFC 61 DFE16 v Minister for Immigration and Border Protection [2018] FCAFC 177 Kuligowski v Metrobus (2004) 220 CLR 363; [2004] HCA 34 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566; [2006] HCA 50 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505; [2004] FCAFC 256 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367; [2015] FCAFC 54 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1; [2014] FCAFC 38 Parker v Minister for Immigration and Border Protection (2016) 247 FCR 500; [2016] FCAFC 185 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 R v Asaad [2017] QCA 108 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28
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