Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Viane v Minister for Home Affairs [2020] FCA 152 File number: NSD 1525 of 2019
Judge: FLICK J
Date of judgment: 20 February 2020
Catchwords: MIGRATION – cancellation of visa – decision not to revoke cancellation decision ADMINISTRATIVE LAW – no evidence – illogicality, irrationality or unreasonableness – denial of procedural fairness – mere noting of submissions – whether there was 'proper, genuine and realistic consideration' of submission – claims made in submissions had been resolved
Legislation: Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83, (2015) 231 FCR 513 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107, (2017) 252 FCR 352 Fattah v Minister for Home Affairs [2019] FCAFC 31 Hands v Minister for Immigration and Border Protection [2018] FCA 662 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225, (2018) 364 ALR 423 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Minister for Home Affairs v Buadromo [2018] FCAFC 151, (2018) 362 ALR 48 Minister for Home Affairs v Omar [2019] FCAFC 188, (2019) 373 ALR 569 Minister for Immigration & Border Protection v Stretton [2016] FCAFC 11, (2016) 237 FCR 1 Minister for Immigration & Citizenship v SZMDS [2010] HCA 16, (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, (2001) 106 FCR 426 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, (2005) 147 FCR 51 Navoto v Minister for Home Affairs [2019] FCAFC 135 Spurling v Development Underwriting (Vic.) Pty Ltd [1973] VR 1 Romeo v Asher (1991) 29 FCR 343 SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231 Soliman v University of Technology, Sydney [2012] FCAFC 146, (2012) 207 FCR 277 Swift v SAS Trustee Corporation [2010] NSWCA 182 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116, (2018) 162 ALD 13
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