Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tuioti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 606 File number: WAD 573 of 2019
Judge: MCKERRACHER J
Date of judgment: 8 May 2020
Catchwords: MIGRATION - application for review of decision of the Administrative Appeals Tribunal – cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – failure to pass the character test under s 501(6) – significant criminal record – whether Tribunal considered the best interests of the applicant's children – whether Tribunal failed to acknowledge applicant's rehabilitation efforts
Legislation: Migration Act 1958 (Cth) ss 499(2A), 501, 501(3A) , 501CA
Cases cited: AZAFQ v Minister for Immigration and Border Protection (2016) 243 FCR 451; [2016] FCAFC 105 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40
Date of hearing: 22 April 2020 and 1 May 2020
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 45
Counsel for the Applicant: The Applicant appeared in person (via telephone)
Counsel for the First Respondent: Mr PR Macliver (via web conference and telephone)
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The Second Respondent submits to any order of the Court, save as to the question of costs.
ORDERS WAD 573 of 2019
BETWEEN: ENOKA TUIOTI Applicant
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