Federal Court of Australia
Federal Court of Australia
Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 335 Review of: A decision of the Administrative Appeals Tribunal
File number: WAD 190 of 2022
Judgment of: COLVIN J
Date of judgment: 14 April 2023
Catchwords: MIGRATION - application for review of a decision of Administrative Appeals Tribunal to affirm the decision of the Minister's delegate to not revoke the cancellation of the applicants visa - where applicant alleges jurisdictional error - where applicant seeks a writ of habeas corpus - where applicant alleges visa was not validly cancelled as she had not been sentenced to a term of imprisonment of 12 months or more - where applicant alleges she was not afforded procedural fairness in the process of cancelling her visa - where the applicant alleges the decision to cancel her visa was legally unreasonable - where applicant alleges Tribunal failed to consider relevant materials - where applicant alleges Tribunal failed to correctly apply Direction 90 - application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 2G Migration Act 1958 (Cth) ss 499, 501, 501CA Crimes (Administration of Sentences) Act 1999 (NSW) s 8 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 47, 48
Cases cited: Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 Coco v The Queen (1994) 179 CLR 427 ECE21 v Minister for Home Affairs [2023] FCAFC 52 Farkas v The Queen [2014] NSWCCA 141; (2014) 243 A Crim R 388 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Knight v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 127 Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 R v Bolton; Ex parte Beane (1987) 162 CLR 514 R v Kay [2000] NSWSC 716 Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 46 Smith v Corrective Services Commission (NSW) (1980) 147 CLR 134 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28
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