Sarah Spottiswood (Pro Bono) instructed by DWF (Australia) (Pro Bono), appeared for the Applicant.
The judgment concerned an application for judicial review of a decision of the Tribunal to affirm the Minister’s decision not to revoke the mandatory cancellation of the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth).
The Applicant advanced three grounds. The Tribunal: (1) misconstrued or misapplied cl 8.4(3) of Direction No. 110 by failing to consider the best interests of each of the applicant’s children; (2) failed to afford the applicant procedural fairness; and (3) abrogated the applicant’s privilege against self-incrimination.
The Applicant succeeded in establishing ground 1. The Court quashed the Tribunal’s decision and remitted the matter for re-determination according to law.
The judgment can be read by clicking here
