Assignment Task

Question 1

You are a Justice of the Federal Court of Australia, siting in the General Division, with experience hearing cases in the Administrative and Constitutional Law and Human Rights National Practice Area.

On 10 October 2023 you received a notice of appeal from a decision of the Administrative Appeals Tribunal, dated 25 September 2023, relating to a decision of the Minister for Immigration, Citizenship, and Multicultural Affairs not to revoke the cancellation of a visa. You heard the detailed legal arguments of counsel on 16 October.

You will deliver your judgment on 5 November 2023. Your judgment will provide a brief outline of the arguments received and your assessment of those arguments.

You know that the decision of the Minister was a reviewable decision in the Administrative Appeals Tribunal. Therefore, there is no question whether the Tribunal had jurisdiction to review the Minister’s decision.

The Tribunal accepted the evidence provided by the Minister and determined that the facts did not support the revocation of the cancellation of the visa. Therefore, the Tribunal affirmed the Minister’s decision.

The Notice of Appeal from a Tribunal, and the Written Submissions from both the Applicant and the Respondent are provided below.

In these documents you will find the versions of facts asserted by the Applicant and the Respondent as well as the grounds for this appeal.

You will conduct research into the relevant law and administrative law principles to determine whether the grounds for appeal have been made out.

You will write and deliver your judgment using the form template provided below. Replace the sections highlighted in yellow, and remember to remove the highlighting before submitting.

Question 2

The NSW Government is concerned about the illegal import and sale of drugs, alcohol, tobacco and e-cigarettes in the state (especially by gangs like the Peaky Blinders) and wants to crack down on businesses running other illegal side hustles out of their stores. In 2023, the New South Wales Parliament passes the Alcohol Limitations Act 2023 (NSW) (a fictious Act), which replaces existing laws regulating the sale of alcohol and tobacco products in NSW