Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moorcroft v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 382 Appeal from: Moorcroft v Minister for Home Affairs [2019] FCCA 772
File number: QUD 174 of 2019
Judge: COLLIER J
Date of judgment: 23 March 2020
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia (FCCA) – where appellant held a subclass 444 visa – where Minister's original decision to cancel appellant's visa had been quashed by the FCCA – where appellant then returned to Australia but was refused visa because she had been "removed or deported" from Australia – construction of the term "removed or deported" from Australia – whether appellant had been removed from Australia within the meaning of s 5 of the Migration Act 1958 (Cth) – whether appellant was an "unlawful non-citizen" – construction of the term "behaviour concern non-citizen"
Legislation: Migration Act 1958 (Cth) – ss 5, 32(2), 65, 116(1)(e), 119(1)(a), 198(2)
Cases cited: Hicks v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 146 FCR 427; [2005] FCAFC 84 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Moorcroft v Minister for Home Affairs [2019] FCCA 772 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28
Date of hearing: 28 August 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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