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Tesic v Minister for Immigration and Border Protection [2016] FCA 1465

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MIGRATION - appellant charged with trafficking in dangerous drugs - sentenced to seven years in prison - visa cancelled under s 501(3A) Migration Act 1958 (Cth) (Migration Act) while imprisoned - substantial criminal record under s 501(7)(c) Migration Act - Minister made decision personally to cancel visa - whether appellant aware that Minister was to make decision personally - whether the "privilege" of remaining in Australia relevant principle in decision pursuant to s 501CA Migration Act - whether Minister failed to take into account appellant's correct criminal record - whether this failure amounted to jurisdictional error - "possibility" that correct criminal history may have affected Minister's decision - appeal allowed

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