Rascovici vs Minister for Immigration
A few words from the Managing Director of VISA, Mr Anthony Robinson. BA. LLB. GDLP. LLM. Master Migration Lawyer and Senior Fellow.
We are very excited about our latest venture. As many may know VISA has recently entered the publishing business with the production of our Industry Newsletter: “Migration Case Law Updates“. VISA, through its team of staff writers and researchers, hopes to produce high quality, regular case reports and articles of interest for those professionals working in the Migration and Refugee legal space or those studying Immigration or the emerging field of Crimmigration.
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Rascovici vs Minister for Immigration
In this article by Migration Case Law Updates staff writer the issue of Crimmigration and particularly s501 of of the Migration Act is again examined. Questions of stare decisis and does it mean that the decision in Makasa should have been heavily relied upon and that the tribunal was wrong in placing so much weight upon earlier offending of the applicant in responding to his application for visa.
Background
- The case resolves around section 501 of the Migration Act. This section speaks to the issue of the decision maker in determination of matters of granting someone a visa having discretion to rely on the applicant’s previous criminal records or not when coming up with that determination.
- The applicant in this case therefore made the application averring that the respondents erred in law by failing to recognize that the decision by the High Court in the case of Minister for Immigration and Border Protection vs. Makasa which had departed from this ground of considering previous criminal records of an applicant when seeking grant of such a visa.
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