Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Logan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1068 File number: WAD 362 of 2019
Judge: COLVIN J
Date of judgment: 28 July 2020
Catchwords: MIGRATION - application for judicial review of decision of Minister - where Minister refused applicant's request for revocation of mandatory cancellation of visa - where visa cancelled on basis of failure to satisfy character test and term of imprisonment of 12 months or more - whether Minister's decision was illogical and unreasonable - where Minister made finding that applicant posed unacceptable risk to community on basis of risk of reoffending - where reasons disclose no basis for conclusion that applicant poses present risk of harm - application allowed CONSTITUTIONAL LAW - whether decision to cancel visa beyond power of s 51(xix) of Constitution - whether applicant had status of non-citizen, non-alien - consideration of whether decision of Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3 departed from approach of previous authority to interpretation of aliens power - where applicant entered Australia as young child - ground dismissed
Legislation: Constitution s 51(xix) Australian Citizenship Act 1948 (Cth) s 10 Australian Citizenship Act 2007 (Cth) s 12 Migration Act 1958 (Cth) ss 4, 13, 14, 78, 82, 189, 191, 196, 198, 501, 501CA Migration Reform (Transitional Provisions) Regulations 1994 (Cth)
Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 Hopkins v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 33 Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Pochi v Macphee [1982] HCA 60; (1982) 151 CLR 101
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate