Recent Cases

Ibrahim v Minister for Home Affairs [2019] FCAFC 89 (30 May 2019) (White, Perry and Charlesworth JJ)


MIGRATION – appeal from a judgment dismissing the Appellant’s application for judicial review of a decision made under s 501BA(2) of the Migration Act 1958 (Cth) (the Act) to cancel the Appellant’s Class BC Subclass 100 Partner (Migrant) visa – whether the Assistant Minister understood s 501BA(2) as precluding him from providing the Appellant with natural justice – whether the Assistant Minister had conflated Australia’s possible international non-refoulement obligations in respect of the Appellant with the claimed protection obligations under s 36(2)(a) of the Act – whether the errors were material so as to be jurisdictional – appeal allowed.