Recent Cases

Tereva v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 142 (26 August 2022) (Mortimer, Bromwich and Thomas JJ)


Catchwords:


MIGRATION – Migration Act 1958 (Cth) s 501BA – exercise of discretion to override decision of Administrative Appeals Tribunal to revoke visa cancellation – whether discretion under s 501BA miscarried or was not properly exercised – whether decision-maker exceeded the boundaries for determination of the “national interest” – whether decision was legally unreasonable – whether s 501BA(3) is invalid – appeal dismissed