Recent Cases

XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 115 (19 September 2025) (Wheelahan, Stewart and Needham JJ)


Catchwords:


MIGRATION – where appellant’s visa was cancelled by the respondent Minister under s 501BA(2) of the Migration Act 1958 (Cth) – where appellant alleges that the respondent reached the state of satisfaction that cancellation of his visa was in the national interest unreasonably, illogically or irrationally – where the Minister’s decision came after NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 280 CLR 137 – where Minister found that cancellation of the appellant’s visa served the purpose of protecting the Australian community and met the community’s expectation that non-citizens who commit serious breaches of the law should not be allowed to remain in Australia – where result of NZYQ and non-refoulement obligations owed by Australia to the appellant meant cancellation would not result in removal from the community – whether reasons for decision contained intelligible justification for how cancellation of the appellant’s visa would be in the national interest – whether Plaintiff S22/2025 v Minister for Immigration and Multicultural Affairs [2025] HCA 36 is relevantly distinguishable – appeal dismissed