Hopkins v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 33 (06 March 2020) (Logan, Wigney and Gleeson JJ)


Catchwords:


MIGRATION – where appellants’ visas were cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where delegates of the Minister refused to revoke the cancellation decisions under s 501CA(4) – whether the primary judge erred by failing to hold that the Administrative Appeals Tribunal made a jurisdictional error by applying s 501CA to the appellants when they were not a “person” within the meaning of that provision – Art 12(4) of the International Covenant of Civil and Political Rights – whether a “person” under s 501(3A) and s 501CA(4) must be read down in accordance with the principle of legality by reference to the right in Art 12(4) or an equivalent new right at common law – whether the common law should be extended to include such a right