New blog post - Another Crack in the Wall ...

Migration Alliance

Hello, This is a notification to inform you that there is a new blog posted on the site. Another Crack in the Wall: Full Court Overturns Visa Cancellation Posted by Michael Arch on Tuesday, August 7, 2018 Over the years that I have been writing commentary on Federal court decisions for Migration Alliance, we have seen that as part of its operations, the Department has been running a small "cottage industry" focused on the cancellation of visas on character grounds. And we have also seen that it has largely been extremely difficult to challenge decisions made personally by the Minister either to cancel a visa on character grounds, or to refuse to revoke a cancellation on character grounds. This is so because the scope of review in the Federal courts is limited to whether the Minister's decision has been affected by jurisdictional error.  Visa cancellation decisions made personally by the Minister are not subject to "merits review", in contrast to cancellation decisions made by a delegate of the Minister, which are reviewable in the AAT. But when the Minister determines to exercise his personal powers to set aside a decision of the AAT, again such decisions by the Minister are not subject to merits review, but can only be set aside on the basis of a jurisdictional error. ... View post   »

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