Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hempenstall v Minister for Home Affairs [2020] FCA 686 File number: VID 567 of 2018
Judge: KENNY J
Date of judgment: 21 May 2020
Catchwords: MIGRATION – application for judicial review of a decision of the Minister to cancel the applicant's class BF transitional (permanent) visa under s 501(2) of the Migration Act 1958 (Cth) – whether decision in breach of the duty to afford procedural fairness – whether the Minister was required to do more to alert the applicant to the possibility that the Minister might conclude the applicant has UK citizenship – whether the Minister required to provide applicant with passenger cards – whether the Minister required to invite the applicant to provide submissions and evidence about his potential future substance abuse - application dismissed
Legislation: Migration Act 1958 (Cth), ss 501(2), 501C(6), 501(7)
Cases cited: Commissioner for ACT Revenue v Alphaone (1994) 49 FCR 576 Degning v Minister for Home Affairs [2019] FCAFC 67 Kioa v West [1985] HCA 81; 159 CLR 550 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421; 363 ALR 599 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45; 200 FCR 223 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 NBNB v Minister for Immigration and Border Protection [2014] FCAFC 39; 220 FCR 44 Pancharatnam v Minister for Immigration, Local Government & Ethnic Affairs [1991] FCA 525; 26 ALD 217 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174; 265 FCR 177 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZOAU v Minister for Immigration and Citizenship [2012] FCAFC 33; 199 FCR 448 TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; 232 FCR 361
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate