Wilson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 924

Wilson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 924

The Tribunal's decision and the Minister’s subsequent visa cancellation under s 501(3A) were void since the factual basis (the 2009 convictions) had already formed the basis of a prior decision not to cancel the visa, applying the principle from Makasa.

Parties
Applicant: Michael Wilson; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Judicial Review of Administrative Appeals Tribunal Decision / Final Orders by Consent
Outcome
Application allowed by consent
Legal Topics
Visa Cancellation, Character Test Under Migration Act, Judicial Review
Migration Law Administrative Law Visa Cancellation Character Test Under Migration Act Judicial Review

Case Brief

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Parties

Michael Wilson

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review of Administrative Appeals Tribunal Decision / Final Orders by Consent

Legal Issues

  1. 1 Whether the Tribunal's affirmation of the visa cancellation was invalid due to prior decisions on the same factual basis
  2. 2 Whether the reasoning in Minister for Immigration and Border Protection v Makasa [2021] HCA 1 applies by analogy
  3. 3 Whether the cancellation under s 501(3A) of the Migration Act 1958 (Cth) was void

Ratio Decidendi

The Tribunal's decision and the Minister’s subsequent visa cancellation under s 501(3A) were void since the factual basis (the 2009 convictions) had already formed the basis of a prior decision not to cancel the visa, applying the principle from Makasa.

Court Disposition

Application allowed by consent

Orders

  • A writ of certiorari issues to the AAT quashing its decision dated 2 July 2021.
  • First respondent to pay applicant's costs if not agreed.