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Risk of Harm, Relevant Considerations and s 501: Wrangling the Minister's Discretion

Citation

Moss, A, Risk of Harm, Relevant Considerations and s 501: Wrangling the Minister's Discretion, Australian Law Journal, 91, (4) pp. 268-275. ISSN 0004-9611 (2017) [Letter or Note in Journal]


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Copyright 2017 the journal

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Abstract

Section 501 of the Migration Act 1958 (Cth) (the Act), which empowers the responsible Minister to cancel a visa or refuse a visa application on various character grounds, has attracted significant attention of late. Recent decisions of the Federal Court have imposed various limits on the discretion, appearing to shift away from broader interpretations of the provision which previously dominated judicial thinking. This note considers one such limit – an implication that a visa holder’s "risk of harm" constitutes a mandatory relevant consideration when exercising the power under s 501 limiting the Minister’s discretion.

Item Details

Item Type:Letter or Note in Journal
Keywords:Migration Act 1958, migration
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Administrative Law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Legal Processes
Author:Moss, A (Mr Aaron Moss)
ID Code:116429
Year Published:2017
Deposited By:Law
Deposited On:2017-05-10
Last Modified:2017-09-19
Downloads:0

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