Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Haneef v Minister for Immigration and Citizenship [2007] FCA 1273
MIGRATION – Section 501 Migration Act – power of Minister to cancel visa – where Migration Act grants a discretion to cancel visa if a) Minister reasonably suspects visa holder does not pass character test and b) cancellation is in the national interest – where Migration Act provides character test not passed if visa holder has or has had an association with someone else, or with a group or organisation whom the Minister reasonably suspects has been or is involved in criminal conduct – where Minister cancelled applicant's visa – where applicant sought review of decision pursuant to s 476A Migration Act
CONSTITUTIONAL LAW – Commonwealth Constitution – where jurisdiction of the same kind exercisable by the High Court under s 75(v) invested in the Federal Court by s 476A Migration Act – where applicant seeks Constitutional writs – Whether Minister acted ultra vires by misconstruing 'association', failing to take into account relevant considerations, taking irrelevant considerations into account or acting for an improper purpose – Whether applicant has or has had an 'association' with those involved in criminal conduct – Meaning of 'association' in s 501(6)(b) Migration Act – Where 'association' not met by any association with a person, group or organisation – Where Minister asked the wrong question and applied the wrong test to determine 'association' – Where Minister did not otherwise take irrelevant considerations into account or fail to take account of relevant considerations – Where no improper purpose established having regard to the scope and purpose of the Migration Act
CONSTITUTIONAL LAW – Constitutional writs – s 75(v) – Where Minister committed jurisdictional error and decision ultra vires – Writ of certiorari issued quashing decision – Prohibition and/or injunction issued – Declaration made declaring the status of the applicant as a lawful non-citizen
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