Federal Court of Australia
Federal Court of Australia
Mackie v Minister for Home Affairs [2022] FCAFC 120 Appeal from: Mackie v Minister for Home Affairs [2021] FCA 1326
File number(s): SAD 212 of 2021 SAD 213 of 2021
Judgment of: RARES, MORTIMER AND O'SULLIVAN JJ
Date of judgment: 15 July 2022
Catchwords: MIGRATION – two appeals heard together – decisions to cancel appellants' visas under s 501(3) of Migration Act 1958 (Cth) – where Minister decided cancellation of the visas was in the national interest – appellants found to be senior members of an "outlaw motorcycle gang" – where Minister made findings about opposition to "anti-biker" legislation and appellants' "willingness to disobey Australian laws" in the future – whether primary judge correct to find Minister's reasoning not affected by jurisdictional error – appeals dismissed
Legislation: Migration Act 1958 (Cth) ss 501(3), 501(6) Serious and Organised Crime (Control) Act 2008 (SA)
Cases cited: Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Mackie v Minister for Home Affairs [2021] FCA 1326 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153; 287 FCR 181 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590
Division: General Division
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