Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft

Immigration – Visas – Application for special category visa – Where respondent's special category visa purportedly cancelled and respondent required to depart Australia in 2018 – Where purported cancellation decision subsequently quashed – Where respondent returned to Australia and refused a special category visa on the basis she was a "behaviour concern non-citizen" as defined in s 5(1) of Migration Act 1958 (Cth) ("Act") due to her removal in 2018 – Where s 5(1) of Act defined "behaviour concern non-citizen" in para (d) as a non-citizen who "has been removed or deported from Australia or removed or deported from another country" – Whether respondent was a "behaviour concern non-citizen" within meaning of para (d) – Whether "removed ... from Australia" means removed in fact or removed in accordance with Act.

Words and phrases – "behaviour concern non-citizen", "harsh consequences", "nullity", "removed", "removed or deported from", "theory of the second actor".

Acts Interpretation Act 1901 (Cth) – s 18A.

Migration Act 1958 (Cth) – ss 5(1), 14, 32(2), Pt 2 Div 8.

Migration Regulations 1994 (Cth) – reg 5.15A, Sch 1 item 1219, Sch 2 cl 444.511, Div 444.6.