High Court of Australia

Uelese v Minister for Immigration and Border Protection [2015] HCA 15

6 May 2015

Case Number: S277/2014

Before

French CJ, Kiefel, Bell, Keane, Nettle JJ

Catchwords

Migration and citizenship – Visa cancellation – Character test – Administrative Appeals Tribunal – Migration Act 1958 (Cth), s 500(6H) precludes Tribunal from having regard to information presented orally in support of a person's case unless provided in written statement to Minister two days before Tribunal holds a hearing – Information arose regarding children during cross examination of witness called on behalf of appellant – Tribunal required to consider best interests of minor children in Australia – Whether Tribunal erred in its application of s 500(6H) by not considering that information – Relevance of whether information could reasonably have been anticipated by appellant.

Migration and citizenship – Visa cancellation – Character test – Administrative Appeals Tribunal – Whether Migration Act 1958 (Cth), s 500(6H) precludes Tribunal from adjourning hearing so that notice requirements may be met – Whether day on which Tribunal "holds a hearing" includes day on which hearing resumes.

Words and phrases – "holds a hearing", "information presented orally in support of the person's case".

Migration Act 1958 (Cth) – ss 499, 500(6H), 500(6L), 501.

Administrative Appeals Tribunal Act 1975 (Cth) – ss 33, 40(1)(c).
View   RTF



PDF MD5: 52a3d52ff5bb0918f12c7c37709a2247
RTF MD5: 4af95d19d5418b78d695ad448160a9c9