Ibrahim v Minister for Immigration and Border Protection (No 2)

The applicant, Ibrahim, appealed against the decision of the Assistant Minister for Immigration and Border Protection to cancel his visa under section 501BA(2) of the Migration Act 1958 (Cth). The matter was heard in the Federal Court of Australia, where the court was required to determine whether the Assistant Minister was obligated to form a view under the correct understanding of the law when cancelling the applicant’s visa and whether the Assistant Minister indeed had a correct understanding of the Act. The court was also required to decide if the Assistant Minister’s decision was affected by a jurisdictional error.

The court found that the Assistant Minister was required to form a view under the correct understanding of the law when cancelling the applicant’s visa. The court held that the Assistant Minister’s decision was affected by a jurisdictional error, as the Assistant Minister did not have a correct understanding of the Act. The court rejected the Minister's submission that the Assistant Minister’s decision was not affected by a jurisdictional error. The court concluded that the application was successful, and the Assistant Minister’s decision to cancel the applicant’s visa was quashed.

The court issued a writ of certiorari directed to the Assistant Minister for Immigration and Border Protection, quashing the decision made on 23 May 2017 to cancel the applicant’s Class BC (Subclass 100) Partner (Migrant) visa. The court also issued an injunction restraining the respondent from acting on the basis that the applicant’s visa was validly cancelled. Furthermore, the court ordered the applicant's immediate release from immigration detention. The court will hear from the parties on the question of costs.