Full Court Minute Books

Case M20/2023

Ismail v. Minister for Immigration, Citizenship and Multicultural Affairs

Case No.

Case no M20/2023

Case Information


Immigration – Refugees – Application for Return (Residence) (Class BB) (Subclass 155) visa ("Return visa") – Character test – Family violence – Where delegate of Minister refused application for Return visa, finding plaintiff did not pass character test on basis of his substantial criminal record, which included domestic violence offences – Where, having regard to Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA ("Direction 90"), delegate decided not to exercise power to grant plaintiff visa – Where plaintiff seeks orders for certiorari and mandamus, and consequential declarations – Whether delegate made jurisdictional error: (1) by failing to make inquiry as to critical fact, and/or failing to comply with para 8.3 of Direction 90, requiring decision-maker to make determination as to best interests of minor children; (2) in interpreting and/or applying para 8.2 of Direction 90 by giving weight to acts of family violence committed by plaintiff where weight also given to consideration other paras of Direction 90; (3) by interpreting and/or applying para 8.2 of Direction 90 as if it permitted weight to be given to family violence unconnected to protection and/or expectations of Australian community.

Administrative law – Judicial review – Jurisdictional error – Direction 90 made under s 499 of the Migration Act 1958 (Cth).


28/03/2023 Application for constitutional or other writ

05/06/2023 Hearing (Single Justice, Canberra by video-connection)

05/06/2023 Order referring matter to the Full Court

27/06/2023 Consent order varying timetable

28/06/2023 Written submissions (Plaintiff)

28/06/2023 Chronology (Plaintiff)

28/07/2023 Written submissions (Defendant)

14/08/2023 Reply

06/09/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

06/09/2023 Outline of oral argument (Plaintiff)

06/09/2023 Outline of oral argument (Defendant)

07/02/2024 Judgment (Judgment Summary)