by Paul Cutler | Mar 2, 2021 | Uncategorized
The cases of Minister for Home Affairs v DUA16 and Minister for Home Affairs v CHK16 [2020] HCA 46 highlight an interesting application of legal unreasonableness to what appears to be case of fraud. It was common ground that the applicants in these cases (and probably...
by Paul Cutler | Feb 12, 2021 | Uncategorized
Visas can be cancelled on the basis that the holder is not of good character under section 501 of the Migration Act. This usually means that the person has a “substantial criminal record”. The decision to cancel is discretionary and subject to review in...
by Paul Cutler | Dec 8, 2020 | Uncategorized
The issue of people being held on Manus or Nauru having their applications for medical treatment in Australia denied often receives media coverage. Likewise, there have been a number of cases where these people have made applications to prevent their return to Manus...
by Paul Cutler | Nov 23, 2020 | Uncategorized
It is impossible in the space I allow for a blog post to do justice to the case of AJL20 v Commonwealth [2020] FCA 1305. However, everybody who has ever studied administrative law will know that (at least in Australia) there is no such thing as an unlimited power....
by Paul Cutler | Oct 23, 2020 | Uncategorized
The activities of the (former) firm S&S Migration are so infamous that the Full Federal Court judgment in Katragadda v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 143 commences with: “…this is yet...
