Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thapaliya v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1741 Appeal from: Thapaliya v Minister for Immigration [2018] FCCA 3278
File number(s): QUD 868 of 2018
Judge(s): COLLIER J
Date of judgment: 23 October 2019
Catchwords: MIGRATION – Class EN Subclass 186 visa – cancellation – construction of s 140 of the Migration Act – whether the appellant's visa was automatically cancelled pursuant to s 140(1) as a result of the cancellation of his ex-wife's visa – whether appellant held visa because of being a member of the family unit – whether the appellant had standing
Legislation: Judiciary Act 1901 (Cth) s 39B Migration Act 1958 (Cth) ss 104, 128, 140(1), 140(2), 476, 478, 479, 486C Migration Regulations 1994 (Cth) r 5.19(3)(d)(i), sch 2 cl 186.311
Cases cited: Ara v Minister for Immigration & Anor [2016] FCCA 2154 Ara v Minister for Immigration and Border Protection [2017] FCA 130 Farah v Minister for Immigration and Citizenship [2011] FCA 185; 120 ALD 249 Lee v Minister for Immigration and Citizenship [2007] FCAFC 62; (2007) 159 FCR 181 Rani v Minister for Immigration and Multicultural Affairs [1997] FCA 1493; (1997) 80 FCR 379 Singh v Minister for Immigration and Border Protection [2017] FCA 921 T&K McKrill Holdings Pty Ltd v Minister for Immigration and Border Protection [2017] FCCA 2370; (2017) 325 FLR 239 Thapaliya v Minister for Immigration and Border Protection [2018] FCCA 3278
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