Federal Court of Australia
Federal Court of Australia
Mason v Minister for Home Affairs [2020] FCA 1787 File number(s): VID 381 of 2018
Judgment of: KENNY J
Date of judgment: 14 December 2020
Catchwords: MIGRATION – whether open to Minister to re-exercise the discretion conferred by s 501(2) – whether new fact or circumstance since previous decision not to cancel applicant's visa – relationship between ss 501 and 501A of the Migration Act 1958 (Cth) – whether decision affected by legal unreasonableness – no probative evidence to support material finding – failure to consider mandatory relevant consideration – failure to consider administrative history – certiorari issued
Legislation: Migration Act 1958 (Cth) ss 501 and 501A Sex Offender Registration Act 2004 (Vic) ss 14, 17 and 46
Cases cited: Assad v Minister for Home Affairs (No 2) [2019] FCAFC 214 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; 271 FCR 595 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; 231 FCR 513 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 FPU18 v Minister for Immigration and Border Protection [2018] FCA 1606 Makasa v Minister for Immigration and Border Protection [2020] FCAFC 22; 376 ALR 191 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Home Affairs v Brown [2020] FCAFC 21; 376 ALR 133 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; 230 FCR 367 Parker v Minister for Immigration and Border Protection [2016] FCAFC 185; 247 FCR 500 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Wei v Minister for Immigration and Border Protection [2015] HCA 51; 257 CLR 22
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