If it wasn’t already clear enough, a decision of the Full Court of the Federal Court that was handed down yesterday, 26 April 2017, emphasizes just how excruciatingly difficult it is to challenge a decision of the Minister to refuse to revoke the mandatory cancellation of a visa on character grounds.
In the vast majority of cases, challenging such decisions by the Minister will have a degree of difficulty analogous to trying to push a huge boulder up a very steep hill.
In order to successfully overturn a decision to refuse to revoke the cancellation of a visa in Federal Court, the visa holder must show that the decision was “infected” by jurisdictional error. There is no such thing as “merits review” of the refusal to revoke the mandatory cancellation. And the grounds for establishing jurisdictional error are extremely narrow.