Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 (23 August 2021) (Allsop CJ, Kerr and Mortimer JJ)


MIGRATION – appeals dealt with together – review of decisions refusing to revoke visa cancellation – Tribunal and Ministerial decisions – whether decision-makers correctly understood and considered the role of non-refoulement obligations in the revocation decisions – whether jurisdictional error – whether previous decisions of Full Courts correct – appeals dismissed

PRACTICE AND PROCEDURE – previous decisions of Full Courts – when a previous decision should be departed from