Federal Court of Australia
Federal Court of Australia
Margach v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1238 File number: VID 998 of 2019
Judgment of: MOSHINSKY J
Date of judgment: 26 August 2020
Catchwords: MIGRATION – visa cancellation on character grounds – where the applicant's visa was cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) on the basis of his conviction and lengthy term of imprisonment for the murder of his wife – where the Administrative Appeals Tribunal decided to revoke the cancellation decision – where the Minister then decided to exercise the power in s 501BA to cancel the applicant's visa – whether the Minister's decision was affected by jurisdictional error on the basis that he failed to act on a correct understanding of the law – application dismissed
Legislation: Migration Act 1958 (Cth), ss 5, 36, 501, 501BA, 501CA
Cases cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 DGI19 v Minister for Home Affairs [2019] FCA 1867 Goundar v Minister for Immigration and Border Protection (2016) 160 ALD 123 Ibrahim v Minister for Home Affairs (2019) 270 FCR 12 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 47
Date of hearing: 28 April 2020
Counsel for the Applicant: Mr A Aleksov
Solicitor for the Applicant: Carina Ford Immigration Lawyers
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