Minister for Immigration and Citizenship v Makasa [2012] FCAFC 166

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Makasa [2012] FCAFC 166 Citation: Minister for Immigration and Citizenship v Makasa [2012] FCAFC 166

Appeal from: Makasa v Minister for Immigration and Citizenship [2012] FCA 321

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v LIKUMBO MAKASA and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 587 of 2012

Judges: JACOBSON, SIOPIS & MURPHY JJ

Date of judgment: 22 November 2012

Catchwords: MIGRATION – Cancelation of visa on character grounds – construction and application of 'Direction No 41—Visa refusal and cancellation under s 501' – whether conduct to which para 10.1 refers includes conduct which is found to have a "reasonable apprehension" of having occurred

Legislation: Constitution, s 51(xix) Migration Act 1958 (Cth), ss 496, 499, 501

Cases cited: Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 65 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Ngaronoa v Minister for Immigration and Citizenship (2007) 244 ALR 119 R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322 R v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 Rosson v Minister for Immigration and Citizenship (2011) 191 FCR 390 Shi v Minister for Immigration and Citizenship [2011] FCA 935 Zhang v Canterbury City Council (2001) 51 NSWLR 589