Wei v Minister for Immigration and Border Protection

HIGH COURT OF AUSTRALIAGAGELER, KEANE AND NETTLE JJWEI WEI  PLAINTIFFANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION  DEFENDANTWei v Minister for Immigration and Border Protection[2015] HCA 5117 December 2015S9/2015ORDER1.The time for the making of the application be extended to 8 January 2015.2.A writ of certiorari issue quashing the decision made by the delegate of the defendant on 20 March 2014 to cancel the plaintiff's student visa.3.A writ of prohibition issue preventing the defendant, or his agents, employees or delegates, from acting on or giving effect to or enforcing the decision of the delegate.4.The defendant pay the plaintiff's costs of the application other than those costs which were the subject of the order for costs made by Gageler J on 20 August 2015.RepresentationS B Lloyd SC with L J Karp for the plaintiff (instructed by Ren Zhou Lawyers)G R Kennett SC with R S Francois for the defendant (instructed by Clayton Utz Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWei v Minister for Immigration and Border ProtectionMigration – Visa cancellation – Migration Act 1958 (Cth), s 116(1)(b) provides that Minister may cancel visa if satisfied that visa holder has not complied with condition of visa – Where delegate cancelled plaintiff's visa on satisfaction that plaintiff had breached visa condition – Where delegate's satisfaction formed by process of fact-finding tainted by non-compliance of third party with imperative statutory duty – Whether delegate failed to make obvious inquiry as to critical...