Full Court Minute Books

Case S103/2020

Minister for Immigration and Border Protection v. Makasa

Case No.


Case Information

Lower Court Judgment

28/02/2020 Federal Court of Australia (Allsop CJ, Kenny, Besanko, Bromwich and Banks-Smith JJ)

[2020] FCAFC 22


Migration law – Visa cancellation – Character test – Substantial criminal record – Where Minister’s delegate cancelled respondent’s visa on character grounds – Where Administrative Appeals Tribunal (“AAT”) set aside delegate’s decision and decided not to cancel visa – Where Minister subsequently personally purported to cancel respondent’s visa – Whether the Minister can re-exercise discretion conferred by s 501(2) of Migration Act 1958 (Cth) to cancel person’s visa where AAT has previously set aside Minister’s delegate’s earlier decision to cancel visa under s 501(2) – If yes, whether Minister can rely on same offences (going to whether person has substantial criminal record for purposes of character test) to enliven discretion in s 501(2) as AAT relied upon when reviewing delegate’s decision.

Short particulars


12/06/2020 Determination (SLA, Melbourne)

24/06/2020 Notice of appeal

31/07/2020 Written submissions (Appellant)

31/07/2020 Chronology (Appellant)

28/08/2020 Written submissions (Respondent)

18/09/2020 Reply

12/11/2020 Hearing (Full Court, Canberra)
(Including pronouncement of orders)

12/11/2020 Outline of oral argument (Appellant)

12/11/2020 Outline of oral argument (Respondent)

03/02/2021 Reasons for Judgment (Judgment summary)