Case Illustrates Another Approach for Fighting Visa Cancellations!
Does the Minister have an obligation to consider whether a visa holder is owed nonrefoulement obligations when deciding whether to cancel a visa?
Or is it “good enough” (sufficient to protect the visa cancellation decision against challenge) for the Minister simply to find that since it is open to the visa holder to apply for a Protection visa, there is no need to determine whether nonrefoulement obligations are owed?
This was the central issue in a case that was recently decided by Justice White of the Federal Court, Ibrahim v Minister for Immigration and Border Protection (No. 2) (2017) FCA 1218 (13 October 2017).
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