The Federal Court held that when cancelling a visa under s 501(3) of the Migration Act on national interest grounds, the Minister is not required to consider Australia's international non-refoulement obligations or the prospect of indefinite detention as mandatory relevant considerations. The Court also held that concurrent appointments of multiple ministers to the same portfolio do not violate s 64 of the Constitution or otherwise invalidate decisions made by one of those ministers. The Court rejected inferences that the Minister failed to read or meaningfully consider the departmental brief based on timing and procedural irregularities alone.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.