[1] Supplementary Relevant Documents at 142

[2] Supplementary Relevant Documents at 166

[3] Supplementary Relevant Documents at 143-146

[4] Supplementary Relevant Documents at 166

[5] Supplementary Relevant Documents at 147-148

[6] Supplementary Relevant Documents at 166

[7] Supplementary Relevant Documents at 149-150

[8] Supplementary Relevant Documents at 166

[9] Supplementary Relevant Documents at 155 and Relevant Documents at 80-81

[11] The Minister's power to cancel Mr Ayache's temporary visa is found in s 116(1)(g) of the Migration Act when read with r 2.43(oa) of the Migration Regulations 1994 (Migration Regulations). Section 116(1)(g) provides that the Minister may, subject to subsections (2) and (3), cancel a visa if he or she is satisfied that a prescribed ground for cancelling a visa applies to the holder. In the case of the holder of a temporary visa of the sort held by Mr Ayache, there is a prescribed ground if the Minister is satisfied that the holder has been convicted of an offence against a law of the Commonwealth, a State or Territory (whether or not the holder held the visa at the time of the conviction and regardless of the penalty imposed (if any)): Migration Regulations; r 2.43(1)(oa).

[13] Supplementary Relevant Documents at 201

[16] A non-citizen is a person who is not an Australian citizen: Migration Act; s 5(1).

[17] Migration Act; ss 5 and 29(1)

[18] Migration Act; s 30

[19] Migration Act; s 31(3)

[20] See, for example, s 36 in relation to protection visas.

[21] Migration Act; s 501(3)

[22] Alexandra Private Geriatric Hospital Pty Ltd v Blewett [1984] FCA 223; (1984) 2 FCR 368; 56 ALR 265 at 375; 272 per Woodward J (appeal allowed by the Full Court of the Federal Court in Re Alexandra Private Geriatric Hospital Pty Limited (Trading As Alexandra Private Nursing Home) v Neal Blewett (Who Is Sued As the Commonwealth Minister of Health) and Anor [1985] FCA 242; (1985) 7 FCR 341 but not on this point) and see also Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24; 66 ALR 299; Gibbs CJ, Mason, Brennan, Deane and Dawson JJ at 39-40; 308-309 per Mason J with whom Gibbs CJ and Dawson J agreed

[23] Migration Act; s 499(1)

[24] Migration Act; s 499(2)

[25] Migration Act; s 499(2A)

[29] Direction No. 65 at [8(4)] and [8(5)]

[31] [2013] FCA 702; (2013) 136 ALD 299 at [42]- [44]; 311

[32] I have expanded on the reasoning on this issue in Re Maikantis and Minister for Immigration and Border Protection [2018] AATA 40 at [16]- [22]

[35] See [55] below for a description of the "bungalow".

[36] This is consistent with the principles expressed in Minister for Immigration and Multicultural Affairs v SRT [1999] FCA 1197; (1999) 91 FCR 234; 56 ALD 349 that we are not permitted to make any findings of fact that are inconsistent with: "... at least the essential facts found by a sentencing judge in the course of his or her deliberations concerning sentence and upon which the sentence is based must be accepted by the Tribunal. The most obvious example of such a fact is a finding as to the circumstances of the commission of the offence. ..."; [1999] FCA 1197; (1999) 91 FCR 234; 56 ALD 349 at [40]; 244; 358 per Branson, Lindgren and Emmett JJ

[37] Exhibit B at [20]-[21] and see also Exhibit A at [22]-[23]

[38] Supplementary Relevant Documents at 196

[39] Mr Ayache said that he refused to state his name but I cannot go behind the offence of which he was convicted.

[40] Direction No. 65 at [11.2(1) and (2)]

[46] Report dated 31 October 2017; Exhibit U

[48] Supplementary Relevant Documents at 161

[49] The Incident Summary Report records that "... the premises are subdivided with a separate unit built onto the main premises. ...".: Supplementary Relevant Documents at 149

[50] Supplementary Relevant Documents at 142

[51] Supplementary Relevant Documents at 149

[52] [2017] FCA 1466; Mortimer J

[53] [2017] FCA 1466 at [76]- [77]

[54] [2016] FCA 348; (2016) 248 FCR 296; Robertson J

[55] [2016] FCA 348; (2016) 248 FCR 296 at [64]- [65]; 309

[56] [2016] FCA 348; (2016) 248 FCR 296 at [45]- [63]; 305-309

[57] [2017] FCA 1466 at [77]

[58] [2016] FCA 348; (2016) 248 FCR 296 at [64]; 309

[59] [1994] FCA 1147; (1994) 50 FCR 555; 122 ALR 615; 19 AAR 542; Burchett, Ryan and Gummow JJ

[60] Ogden Industries Pty Ltd v Lucas [1970] AC 113; [1969] 1 All ER 121 at 127; 126 per Lord Upjohn delivering the advice of the Privy Council

[61] [1994] FCA 1147; (1994) 50 FCR 555; 122 ALR 615; 19 AAR 542 at 572-573; 633-634; 559-560

[62] [1968] HCA 42; (1968) 117 CLR 390; Barwick CJ, McTiernan, Kitto, Taylor, Menzies and Windeyer JJ

[63] [1968] HCA 42; (1968) 117 CLR 390 at 408-409

[64] [2011] AATA 690; Downes J, President and Senior Member (as he then was) McCabe

[65] [2011] AATA 690 at [79]- [81]

[66] Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24; 66 ALR 299 at 39-40; 309; per Mason J with whom Dawson J agreed. See also R v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd [1979] HCA 62; (1979) 144 CLR 45; 27 ALR 321; 54 ALJR 94 at 49; 325; 95-96 per Stephen, Mason, Murphy, Aickin and Wilson JJ citing with approval Water Conservation and Irrigation Commission (NSW) v Browning [1947] HCA 21; (1947) 74 CLR 492 at 505

[67] Minister for Immigration v Jia Legeng [2001] HCA 17; 205 CLR 507; 75 ALJR 679; 65 ALD 1; 178 ALR 421 at [139]; 550; 703; 33; 454

[68] Supplementary Relevant Documents at 144-145