1.5 Units in Professional Skills
Cancellation Court: What lessons can be learnt from the Djokovic appeals?
Presenter: Chris Johnston, Founder and Principal at Work Visa Lawyers
Chris has 15 years of experience in Immigration Law. He is a long time member of the Law Society’s Small Practice Committee and former State President and National Board Member of the Migration Institute of Australia (MIA).
The recent Djokovic visa cancellations have provided insight into non-character related cancellation powers under the Migration Act 1958.
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.