Masi-Haini v Minister for Home Affairs [2022] FCA 1326

FEDERAL COURT OF AUSTRALIA

Masi-Haini v Minister for Home Affairs [2022] FCA 1326 File number(s): NSD 1338 of 2021

Judgment of: GOODMAN J

Date of judgment: 8 November 2022

Catchwords: MIGRATION – application for judicial review of Minister's decision not to revoke cancellation of the applicant's visa – whether decision was legally unreasonable – whether the Minister failed to engage appropriately with representations made by the applicant – application dismissed

Legislation: Migration Act 1958 (Cth), ss 501, 501CA Crimes Act 1900 (NSW), s 61

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; (2022) 289 FCR 21 Hillis v Minister for Home Affairs [2021] FCA 892 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; (2016) 69 AAR 210 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12; (2022) 289 FCR 164 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 395 ALR 403 Muggeridge v Minister for Immigration and Broder Protection [2017] FCAFC 200; (2017) 255 FCR 81 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 R v Burstow; R v Ireland [1988] 1 AC 147 Taulahi v Minister for Immigration and Border Protection [2018] FCAFC 22; (2018) 357 ALR 467