Full Court Minute Books

Case S277/2014

 Uelese v. Minister for Immigration and Citizenship & Anor

Case No.


Case Information

Lower Court Judgment

8/08/2013 Federal Court of Australia (Jagot, Griffiths, Davies JJ)

[2013] FCAFC 86


Migration – Application of s 500(6H) of Migration Act 1958 (Cth) (“Act”) – Appellant’s visa was cancelled – In deciding whether to affirm Minister’s decision, Administrative Affairs Tribunal (AAT) was required to take into account best interests of minor children in Australia – AAT declined to consider or make determination as to best interests of two of appellant’s children – Information as to those children was not adduced by appellant but was apparent from documents tendered by first respondent – Whether Full Court erred in failing to find jurisdictional error in decision of AAT holding that s 500(6H) of Act prohibited AAT from having regard to information concerning two of appellant’s children unless appellant had set out information in written statement to first respondent at least two days before hearing – Whether Full Court erred in failing to find jurisdictional error in AAT holding that date upon which AAT “holds a hearing” for purposes of ss 500(6H) and 500(6I) of Act is first day of any such hearing, and does not include date upon which adjourned hearing is resumed.

Short Particulars


17/10/2014 Hearing (SLA, Sydney)

31/10/2014 Notice of appeal

05/11/2014 Submitting appearance (Second Respondent)

21/11/2014 Written submissions (Appellant)

21/11/2014 Chronology (Appellant)

12/12/2014 Written submissions (First Respondent)

19/12/2014 Reply

06/03/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

06/05/2015 Judgment (Judgment summary)