Makasa v Minister for Immigration and Border Protection [2020] FCAFC 22 (28 February 2020) (Allsop CJ, Kenny, Besanko, Bromwich and Banks-Smith JJ)


Catchwords:


MIGRATION – appeal from a single judge of this Court dismissing an application for judicial review of a decision of the Minister, acting personally, to cancel the respondent’s visa under s 501(2) – whether the Minister can re-exercise the discretion conferred by s 501(2) to cancel a visa where the Tribunal has earlier set aside a delegate’s decision to cancel the visa under that same provision – whether the Minister can re-exercise the discretion relying on the very same facts to enliven the discretion in s 501(2) as the Tribunal did on review – appeal allowed for the reasons set out in Minister for Home Affairs v Brown [2020] FCAFC 21