Recent Cases

Maere v Minister for Home Affairs [2019] FCAFC 121 (25 July 2019) (Davies, O’Bryan and Snaden JJ)


MIGRATION – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) (“the Act”) – decision not to revoke cancellation under s 501CA(4) of the Act – whether primary judge erred in failing to find the Assistant Minister did not give adequate consideration to effect of deportation on appellant’s children – whether primary judge erred in failing to find that Minister’s finding of risk of appellant re-offending was unsupported by evidence or unreasonable – whether appellant denied procedural fairness before primary judge – appeal dismissed

PRACTICE AND PROCEDURE – application for adjournment of appeal – where appellant had substantial medical issues – where insufficient evidence that conditions could preclude preparation for and participation in hearing – application refused