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

ON 6 MAY 2015, the High Court of Australia delivered Uelese v Minister for Immigration and Border Protection [2015] HCA 15 (6 May 2015).

“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).”

http://www.austlii.edu.au/au/cases/cth/HCA/2015/15.html

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