Mani v Minister for Immigration and Citizenship [2012] FCA 1313
The appeal fails because the Tribunal gave genuine and realistic consideration to the appellant's claims concerning exceptional circumstances, and the absence of policy and written advice under Direction No. 38 does not constitute 'information' for the purposes of s 359A of the Migration Act 1958 (Cth). There was no jurisdictional error by the Tribunal or the Federal Magistrate.
- Jurisdiction
- Australia
- Judgment Date
- 23 November 2012
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['visa Cancellation' 'judicial Review' 'migration Review Tribunal Procedures' 'exceptional Circumstances' 'section 359 a of Migration Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ["Whether the Federal Magistrate failed to deal with the appellant's contention on judicial review" "Whether the non-existence of policy and written advice under Direction No. 38 constituted 'information' within s 359A of the Migration Act 1958 (Cth)"]
Ratio Decidendi
The appeal fails because the Tribunal gave genuine and realistic consideration to the appellant's claims concerning exceptional circumstances, and the absence of policy and written advice under Direction No. 38 does not constitute 'information' for the purposes of s 359A of the Migration Act 1958 (Cth). There was no jurisdictional error by the Tribunal or the Federal Magistrate.
Court Disposition
Appeal dismissed with costs.
Orders
- ['The appeal be dismissed.' "The appellant pay the first respondent's costs."]
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