Is it utterly futile to try to overturn a decision made personally by the Minister to cancel a person’s visa on character grounds?
If you have been following the discussion of visa cancellation cases on this blog, that may certainly appear to be the case.
For a short time, it seemed that a small window might be opening through the decisions of Judge Logan of the Federal Court in the Eden and Stretton cases. In each of those cases, Justice Logan had essentially concluded that the exercise of the visa cancellation power was legally unreasonable when it was “disproportionate”, or, in His Honour’s “pithy phrase”, when the visa cancellation power was used in a way that was analogous to using a sledgehammer to crack a note.
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