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

FEDERAL COURT OF AUSTRALIA

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

Appeal from: Makasa v Minister for Immigration and Citizenship [2011] AATA 719

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

File number: NSD 2065 of 2011

Judge: PERRAM J

Date of judgment: 2 April 2012

Catchwords: IMMIGRATION – Visas – cancellation – on character grounds – whether 'Direction (No. 41)—Visa refusal and cancellation under s 501' cll 10.1(2) and 10.1.2(1) are directed to conduct which has been found to have occurred – whether cll 10.1(2) and 10.1.2(1) are also directed to conduct which is apprehended to have occurred – whether jurisdictional error – remittal, scope of

Legislation: Constitution s 75(v) Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 44 Migration Act 1958 (Cth) ss 499(1), 500(1)(b), 501 Crimes Act 1900 (NSW) s 66C(3) Direction (No. 41)—Visa refusal and cancellation under s 501 cll 10, 10.1, 10.1.2 Aronson M, Dyer B, Groves M, Judicial Review of Administrative Action (4th ed, Lawbook Co., 2009) Bennion F, Bennion on Statutory Interpretation (5th ed, LexisNexis, 2008)

Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 cited Bhullar v Minister for Immigration and Citizenship [2010] FCA 1337 cited Craig v South Australia (1995) 184 CLR 163 considered Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Minister for Immigration v Yusuf (2001) 206 CLR 323 considered Rosson v Minister for Immigration & Citizenship (2011) 191 FCR 390; [2011] FCA 194 followed Shi v Minister for Immigration and Citizenship (2011) 123 ALD 46; [2011] FCA 935 followed