Khan v Minister for Immigration and Border Protection & Anor

The case of Khan v Minister for Immigration and Border Protection & Anor involved Mr. Khan, a non-citizen, challenging the decision of the Minister for Immigration and Border Protection to cancel his visa on the grounds of character. The dispute reached the High Court of Australia, where the applicants sought special leave to appeal the Full Court of the Federal Court's decision that dismissed their case. The applicants contended that their rights under the Migration Act 1958 (Cth) and the High Court's decision in Plaintiff M70/2011 v Minister for Immigration and Citizenship were violated.

The legal issues before the court were whether the Full Court correctly interpreted the Migration Act and Plaintiff M70/2011, and whether there was any error in the reasoning that justified the grant of special leave to appeal. The applicants argued that their rights under the Migration Act and the principles established in Plaintiff M70/2011 were not properly considered by the Full Court. They contended that their character test did not take into account their circumstances, which included their family ties and contributions to society.

The High Court found that there was no reason to doubt the correctness of the Full Court's decision. The court held that the Full Court had correctly interpreted the Migration Act and the principles from Plaintiff M70/2011. The Full Court had adequately considered the applicants' circumstances and had not erred in its reasoning. The applicants' rights under the Migration Act and Plaintiff M70/2011 were considered and appropriately balanced with the Minister's discretion to cancel the visa. Therefore, the High Court found that the applicants were not entitled to special leave to appeal, and dismissed their application with costs.