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Graham v. Minister for Immigration and Border Protection

Case No. M97/2016
Related cases

P58/2016 – Te Puia v. Minister for Immigration and Border Protection

Case information

Catchwords

decision made by the Minister personally to cancel applicant’s visa pursuant to s 501(3) of the Migration Act 1958 (Cth) – whether beyond power of Parliament to authorise decision under s501(3) in reliance on information protected from disclosure by s503A - whether decision based on mistake of law  - whether in finding that cancellation of visa was in national interest, defendant acted upon misunderstanding of the Act and/or failed to make a critical finding of fact.

Short particulars

Documents

15/07/2016 Application for an order to show cause

11/08/2016 Notice of constitutional matter (Plaintiff)

27/10/2016 Hearing (Single Justice, Melbourne)

10/11/2016 Special Case Stated

14/11/2016 Hearing (Single Justice, Melbourne)

12/12/2016 Written submissions (Plaintiff)

12/12/2016 Chronology

25/01/2017 Written submissions (Defendant and Commonwealth Attorney-General intervening)

02/02/2017 Written submissions (Attorney-General for the State of Victoria intervening)

02/02/2017 Written submissions (Attorney-General for the State of South Australia intervening)

03/02/2017 Written submissions (Attorney-General for the State of New South Wales intervening)

03/02/2017 Written submissions (Attorney-General of the State of Queensland intervening)

06/02/2017 Written submissions (Attorney-General for the State of Tasmania intervening)

10/02/2017 Reply (Plaintiff)

28/02/2017 Amended written submissions (Attorney-General of the State of Queensland intervening)

30/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

06/09/2017 Judgment (Judgment summary)