Minister for Immigration and Border Protection v Makasa

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON AND EDELMAN JJMINISTER FOR IMMIGRATION AND BORDER PROTECTION  APPELLANTANDLIKUMBO MAKASA  RESPONDENTMinister for Immigration and Border Protection v Makasa[2021] HCA 1Date of Hearing: 12 November 2020Date of Order: 12 November 2020Date of Publication of Reasons: 3 February 2021S103/2020ORDERAppeal dismissed with costs. On appeal from the Federal Court of AustraliaRepresentationG T Johnson SC with N D J Swan for the appellant (instructed by Sparke Helmore Lawyers)A Ahmad with J D Donnelly for the respondent (instructed by Morning Star Legal & Migration Pty Ltd)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration and Border Protection v MakasaImmigration – Visas – Visa cancellation – Character test – Substantial criminal record – Where delegate of Minister for Immigration and Border Protection ("Minister") cancelled respondent's visa on character grounds under s 501(2) of Migration Act 1958 (Cth) – Where Administrative Appeals Tribunal ("AAT") made decision under s 43(1)(c)(i) of Administrative Appeals Tribunal Act 1975 (Cth) to set aside delegate's decision and substitute a decision not to cancel visa – Where Minister purported to re‑exercise discretion to cancel visa – Whether Minister can re-exercise discretion on same factual basis in circumstances where AAT earlier decided not to cancel visa.Words and phrases – "Administrative Appeals Tribunal", "character test", "different factual basis", "finality to the administrative decision-making process", "from time to time as occasion requires", "general power", "ministerial override", "nature of merits review", "powers of AAT", "reasonable...