High Court of Australia

Wei v Minister for Immigration and Border Protection [2015] HCA 51

17 Dec 2015

Case Number: S9/2015


Gageler, Keane, Nettle JJ


Migration – 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 fact – Whether decision affected by jurisdictional error.

Migration – Original jurisdiction of High Court – Where plaintiff's application for remedy made outside time limit in Migration Act 1958 (Cth), s 486A(1) – Operation of s 486A.

Words and phrases – "extension of time", "imperative duty", "jurisdictional error".

Constitution – s 75(v).

Education Services for Overseas Students Act 2000 (Cth) – s 19.

Migration Act 1958 (Cth) – ss 116(1)(b), 119(1), 486A.

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