Recent Cases

Minister for Home Affairs v Bro18 [2024] FCAFC 27 (08 March 2024) (Bromwich, Derrington and Snaden JJ)


Catchwords:


MIGRATION – appeal from decision of single judge of the Federal Court of Australia – where delegate of Minister for Home Affairs cancelled respondent’s visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) – where Minister cannot re-exercise discretion on the same factual basis in circumstances where the Minister had earlier decided not to cancel the visa due to Minister for Immigration and Border Protection v Makasa [2021] HCA 1; 270 CLR 430 – whether Makasa allows decision-makers to consider the same facts considered in an earlier exercise of the discretion in concluding that a person did not pass the character test – whether the error was material – scope of counterfactual analysis in assessing materiality – held: Minister’s error was not material; appeal allowed