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Australia grounds illegalityamenability and standing

Alexander v Minister for Home Affairs (Character Cancellation)

[2022] HCA 19
JurisdictionAustralia
CourtHigh Court of Australia
Year2022
StatusBinding authority

Summary

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

Key Principle

The Minister's discretion to cancel a visa on character grounds must be exercised by reference to statutory criteria and is subject to judicial review for legal error.

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506

Implausibility findings in refugee assessments may constitute jurisdictional error where they are based on illogical or unreasonable reasoning amounting to Wednesbury unreasonableness.

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