Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v. Moorcroft
Case No.
B66/2020
Case Information
Lower Court Judgment
23/03/2020 Federal Court of Australia (Collier J)
Catchwords
Migration law – Removal and deportation – Where s 5(1) of Migration Act 1958 (Cth) relevantly provided that person who had “been removed or deported from Australia or removed or deported from another country” was “behaviour concern non-citizen” – Where respondent held special category visa – Where that visa purportedly cancelled, and respondent detained and removed from Australia to New Zealand – Where, by consent, Federal Circuit Court quashed cancellation decision – Where respondent returned to Australia and was interviewed by Minister’s delegate at airport on arrival – Where delegate asked whether she had ever been removed, deported, or excluded from any country, including Australia – Where respondent answered yes, and explained circumstances of earlier removal – Where delegate refused to grant respondent special category visa, not being satisfied that the respondent had not been “removed … from Australia” within meaning of definition of “behaviour concern non-citizen” – Where Federal Circuit Court dismissed respondent’s application for judicial review of delegate’s decision – Where Federal Court allowed appeal from Circuit Court’s decision – Whether “removed or deported from” means taken out of some country by or on behalf of government of that country in fact, or whether it means being taken out of some country validly or lawfully, or whether it bears different meanings in same section, namely, valid or lawful removal or deportation in case of ejection from Australia, and removal or deportation in fact in case of other countries.
Documents
16/10/2020 Hearing (SLA, Sydney)
30/10/2020 Notice of appeal
04/12/2020 Written submissions (Appellant)
04/12/2020 Chronology (Appellant)
15/01/2021 Written submissions (Respondent)
05/02/2021 Reply
15/04/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
15/04/2021 Outline of oral argument (Appellant)
15/04/2021 Outline of oral argument (Respondent)
16/06/2021 Judgment (Judgment summary)