Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft [2021] HCA 19 (16 June 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ)


Immigration – Visas – Application for special category visa – Where respondent’s special category visa purportedly cancelled and respondent required to depart Australia in 2018 – Where purported cancellation decision subsequently quashed – Where respondent returned to Australia and refused a special category visa on the basis she was a “behaviour concern non-citizen” as defined in s 5(1) of Migration Act 1958 (Cth) (“Act”) due to her removal in 2018 – Where s 5(1) of Act defined “behaviour concern non-citizen” in para (d) as a non-citizen who “has been removed or deported from Australia or removed or deported from another country” – Whether respondent was a “behaviour concern non-citizen” within meaning of para (d) – Whether “removed … from Australia” means removed in fact or removed in accordance with Act.

Words and phrases – “behaviour concern non-citizen”, “harsh consequences”, “nullity”, “removed”, “removed or deported from”, “theory of the second actor”.