Lesianawai v Minister for Immigration, Citizenship and Multicultural AffairsCitation:[2024] HCA 6Before:Gageler CJ, Gordon, Edelman, Gleeson, Beech-Jones JJDate:06 Mar 2024Case Number:S12/2023Read more

Lesianawai v Minister for Immigration, Citizenship and Multicultural AffairsCitation:[2024] HCA 6Before:Gageler CJ, Gordon, Edelman, Gleeson, Beech-Jones JJDate:06 Mar 2024Case Number:S12/2023Read more

The delegate's consideration of offences committed by the plaintiff under the age of 16, which were not convictions under State law and could not be treated as convictions for Commonwealth purposes, constituted jurisdictional error and invalidated the visa cancellation decision.

Source-derived case information.

Parties
Plaintiff: Plaintiff; Defendant: Minister for Immigration
Jurisdiction
Australia
Judgment Date
06 March 2024
Procedural Posture
Judicial Review / Judgment
Outcome
Visa cancellation decision quashed for jurisdictional error.
Legal Topics
Visa Cancellation, Children's Criminal Proceedings, Jurisdictional Error
Immigration Law Criminal Law Administrative Law Visa Cancellation Children's Criminal Proceedings Jurisdictional Error

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Plaintiff

Plaintiff

Minister for Immigration

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the delegate of the Minister erred in taking into account offences committed by the plaintiff under the age of 16 when cancelling the visa under s 501(2) of the Migration Act 1958 (Cth)
  2. 2 Whether consideration of offences precluded by ss 85ZR(2)(b) and 85ZS(1)(d)(ii) of the Crimes Act 1914 (Cth) constituted jurisdictional error

Ratio Decidendi

The delegate's consideration of offences committed by the plaintiff under the age of 16, which were not convictions under State law and could not be treated as convictions for Commonwealth purposes, constituted jurisdictional error and invalidated the visa cancellation decision.

Court Disposition

Visa cancellation decision quashed for jurisdictional error.

Orders

  • The decision of the delegate to cancel the plaintiff's visa under s 501(2) of the Migration Act 1958 (Cth) is quashed.
  • The matter is remitted to the Minister for reconsideration according to law.