Marianne Henry
pre 2 godine
From Judgment of James Allsop (Chief Justice), Anthony Besanko (Justice) and David O’Callaghan (Justice): The Minister can cancel visa under personal power under s 133C(3) of the Migration Act 1958 (Cth).
However, there is no law in Australia that allows minister's decision to overturn the judicial judgement of a case. Where there is a court decision with which the minister, whether an applicant or respondent, is not happy he/she can appeal that decision to a higher court.
By the way, one should know that in Australia cases where the Minister can exercise his power under the law to cancel visa are when the visa holder has not gone through court or not got a favourable court ruling. The Minister's personal power has been exercised in a number of cases involving over-stay visas and asylum seekers' in Australia.
This is totally different to Novak Djokovic's situation. Djokovic received the court ruling on 10/01/22 where the Federal Court of Australia orders that he can remain in Australia for the period of his visa i.e. he only stays in Australia for a period of few weeks for playing tennis in the Australian Open. Clearly seen here, the government and the judiciary have gone to an extraordinary length together to muddy the case which they had no option but to do it because this hearing of Allsop et al was improper.
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