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Cancellation Court Lessons Learnt form the Djokovic Case
1.5 Units in Professional Skills
Presenter: Chris Johnston, Founder and Principal at Work Visa Lawyers
This CPD will discuss the two Djokovic cancellation cases:
1) Airport Cancellation - Novak Djokovic v Minister for Home Affairs (Federal Circuit Court, MlG35/2022, 10 January 2022 (Order of Kelly J)
- The primary decision making documents from Department of Immigration
- The process by the Department that led to Judge Kelly finding the cancellation was unreasonable.
2) Ministerial Cancellation - Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs  FCFC 3 ( Allsop CJ, Besanko and O’Callaghan JJ).
- The Minister for Immigration's powers under s133C(3)(a).
- The Courts consideration of the Ministers exercise of his powers.
Insights from the two decisions and from practice in the area of immigration law including:
- How to advise your clients to travel safely to and from Australia.
- Common practical challenges in relation to airport cancellations and appeals.
- The potential of future Ministerial visa cancellations for high profile travellers.
- Insights from recent comments from the Minister of Immigration Hon Alex Hawke on the role of Immigration Lawyers in detention cases.
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