Kamely v Minister for Immigration & Citizenship [2011] FCA 1071

Kamely v Minister for Immigration & Citizenship [2011] FCA 1071

The Tribunal had no discretion to do other than affirm cancellation of the appellant’s visa following breach of Condition 8105; the Tribunal complied with statutory obligations and made findings of fact open to it on the evidence.

Parties
Appellant: Kamely; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
20 September 2011
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Visa Cancellation, Work Restriction, Merits Review, Statutory Interpretation
Administrative Law Migration Law Visa Cancellation Work Restriction Merits Review Statutory Interpretation

Case Brief

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Parties

Kamely

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal complied with statutory obligations in cancelling the visa for breach of Condition 8105
  2. 2 Whether voluntary work counts as 'work' under visa conditions
  3. 3 Whether the Tribunal gave proper, genuine and realistic consideration to the appellant's claims

Ratio Decidendi

The Tribunal had no discretion to do other than affirm cancellation of the appellant’s visa following breach of Condition 8105; the Tribunal complied with statutory obligations and made findings of fact open to it on the evidence.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs