Citizenship and character

Whether or not someone is of good character is an issue which can arise in migration law as the basis for refusing or cancelling a visa. Character is also an issue which has to be considered in the context of applications for citizenship. Unlike the Migration Act, the...

Fairness and Capacity

 Karan v Minister for Home Affairs [2019] FCAFC 139 is yet another recent Full Court character cancellation case. Mr Karan (a citizen of Fiji) had a history of alcohol and drug addiction and mental illness. He represented himself before the AAT. The jurisdictional...

Interpreted generously but…

Tran v Minister for Immigration and Border Protection [2019] FCAFC 126 is another sad character cancellation case. Mr. Tran moved to Australia at the age of 15 after he escaped from Vietnam with his brother and lived in a detention center in Hong Kong for a number of...

Logical Connection

  There are only very limited grounds on which fact finding can be challenged on a judicial review application. This is highlighted by MZZGE v Minister for Home Affairs [2019] FCAFC 72. In that case, the Applicant (pregnant with a second child) said she would be...

Active Intellectual Process

It is a principle of administrative law, that decision makers must give ‘proper, genuine and realistic consideration to the merits of the case’ before making their decision. If they fail to do so, the decision will be “infected” with jurisdictional error and be liable...