Recent Cases

NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187 (01 December 2023) (Collier, Derrington and Downes JJ)


Catchwords:


MIGRATION – power to cancel visa under s 501BA(2) of the Migration Act 1958 (Cth) – whether satisfied cancellation was in the “national interest” – whether decision-maker required to take into account impact of unenacted international treaty obligations – whether decision in Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 (2021) 288 FCR 565 inconsistent with later High Court decision in Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497