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Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107

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MIGRATION - cancellation of applicants' visas under s 501(3) of the Migration Act 1958 (Cth) (Act) - whether respondent gave proper, genuine and realistic consideration to the merits of each case in making his cancellation decision - whether respondent engaged in an active intellectual process in determining whether or not to exercise powers under s 501(3) of the Act - whether respondent fell into jurisdictional error by failing to consider whether it was in the national interest to make a decision without affording natural justice - whether respondent's satisfaction that removing the applicants was in the national interest was unreasonable in the legal sense - whether respondent erred in construing or applying the concepts of "member... of a group" and "group involved in criminal conduct" in s 501(6)(b) of the Act Held: respondent's decisions to cancel applicants' visas set aside with costs - order that applicants be released forthwith from immigration detention

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