Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBCM v Minister for Home Affairs [2019] FCA 1013 Review of: Application for judicial review: NBCM and Minister for Home Affairs (Migration) [2018] AATA 2387 (23 July 2018)
File number: NSD 1602 of 2018
Judge: MARKOVIC J
Date of judgment: 28 June 2019
Catchwords: MIGRATION – application for review of decision by Administrative Appeals Tribunal (Tribunal) to affirm decision of a delegate of the Minister cancelling visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) – where Tribunal required to comply with Direction 65 in reaching its decision – whether the Tribunal erred in its treatment of the best interests of the minor children and minor grandchildren – whether the Tribunal took into account an irrelevant consideration when it considered evidence of a child who was no longer a minor child – whether the Tribunal failed to consider a relevant consideration being the likely effect that separation would have on each child – application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Migration Act 1958 (Cth) s 501(2)
Cases cited: Brown v Minister for Immigration and Border Protection (2015) 235 FCR 88 Chen v Migration Agents Registration Authority (No 1) [2016] FCA 649 CPJ16 v Minister for Immigration and Border Protection [2018] FCA 450 Nigam v Minister for Immigration and Border Protection [2017] FCA 106; (2017) 71 AAR 369 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203
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