Recent Cases

Minister for Home Affairs v Ogawa [2019] FCAFC 98 (19 June 2019) (Collier, Reeves, Davies, Rangiah and Steward JJ)


MIGRATION – cancellation of visa on character grounds under s 501 of the Migration Act 1958 (Cth) – procedural fairness – obligation to have regard to information provided to Minister – obligation to apply active intellectual process to information – where no express reference to information in Minister’s reasons – whether Minister overlooked information – whether risk to the Australian community is a mandatory relevant consideration – whether error was material – whether unreasonable for the Minister to refuse to defer decision pending petition for pardon – appeal dismissed