Recent Cases

Pearson v Minister for Home Affairs [2022] FCAFC 203 (22 December 2022) (Allsop CJ, Rangiah and Sarah C Derrington JJ)


Catchwords:


MIGRATION – application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of Minister for Home Affairs to mandatorily cancel visa on character grounds – where invitation did not crystallise the time period to make representations for revocation – where representations nevertheless made within 28 days and were considered – whether invitation a nullity – whether Minister’s failure to comply with condition precedent to exercise of power material

MIGRATION – visa mandatorily cancelled pursuant to s 501(3A) of Migration Act 1958 (Cth) on basis of aggregate sentence of 4 years and 3 months – whether aggregate sentence “a term of imprisonment of 12 months or more” within s 501(7)(c)

ESTOPPEL – Anshun estoppel – where applicant previously sought judicial review of same decision and appealed to Full Court – whether applicant “should” have raised new grounds in previous application – where applicant could lose right ever to reside in Australia – whether “special circumstances”