Recent Cases

Jones v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 137 (22 August 2022) (Logan, Charlesworth and Thomas JJ)


Catchwords:


MIGRATION – cancellation of ex-citizen visa under s 501(2) discretion – United Kingdom – five offences over 21 years – indecent treatment of children – 2.5 year custodial sentence – 16 years between release from prison and visa cancellation – Minister found appellant’s offending “very serious” including crimes against children and family violence – Minister found risk to and expectations of Australian community outweighed other considerations – nature of discretion – whether decision unreasonable – whether decision was plainly unjust – whether Minister failed to take relevant matters into consideration