Important: New Basis for Challenging Visa Cancellations on Character Grounds
Today’s article is essential reading for anyone who acts, either as a migration agent or a lawyer, for a person who has had her/his visa cancelled on character grounds.
As we have seen, the Minister has been very actively exercising the “personal” powers vested in him under the Migration Act to cancel visas on character grounds, or to refuse to revoke the cancellation of visas on character grounds.
And as we have also seen, it is extremely difficult to challenge a cancellation decision made on character grounds in Federal Court. There is no “merits review” of cancellation decisions made personally by the Minister – merits review is only available when a cancellation decision is made by a delegate of the Minister, and is only available in the AAT.
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