Recent Cases

CKL21 v Minister for Home Affairs [2022] FCAFC 70 (05 May 2022) (Moshinsky, O’Bryan and Cheeseman JJ)


Catchwords:


MIGRATION – decision of the Minister not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – whether decision of the Minister affected by jurisdictional error – where Minister made a finding that “Australia has a low tolerance of criminal conduct for people… who have been participating in, and contributing to, the community only for a short period” – whether Minister erred in making this finding without a probative basis – where Minister made findings about the appellant’s future risk of reoffending – whether in so finding the Minister erred by making irrational findings of fact, or made findings that were legally unreasonable – whether the Minister misunderstood the law applicable to the detention and/or removal of the appellant from Australia – appeal allowed