EFX17 v Minister for Immigration and Border Protection [2019] FCAFC 230

FEDERAL COURT OF AUSTRALIA

EFX17 v Minister for Immigration and Border Protection [2019] FCAFC 230 Appeal from: EFX17 v Minister for Immigration [2018] FCCA 3179

File number(s): QUD 871 of 2018

Judge(s): GREENWOOD, RARES AND LOGAN JJ

Date of judgment: 16 December 2019

Catchwords: MIGRATION – consideration of the scope of the conferral of jurisdiction upon the Federal Circuit Court of Australia by s 476 of the Migration Act 1958 (Cth) (the "Act") – consideration of whether the contended failure on the part of the Minister's delegate to discharge the obligations arising under s 501CA(3)(a) and (b) engages matters in relation to a decision under s 501(3A) notwithstanding no jurisdictional error challenge to the principal cancellation decision under s 501(3A) MIGRATION – consideration of whether the things required of the Minister (and his delegate) under s 501CA(3)(a) and (b) engage a "decision" for the purposes of s 474(2) and (3) of the Act and in particular s 474(3)(g) – consideration of whether the things required of the Minister (and his delegate) under s 501CA(3)(a) and (b) are merely steps along the way to a "decision" under s 501CA(4) – consideration of whether a "decision" for the purposes of s 501CA(3) is a decision of an "administrative character" for the purposes of s 474 of the Act MIGRATION – consideration of whether the reasoning in Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 is necessarily inconsistent with the reasoning of the Full Court in SZQDZ v Minister for Immigration and Citizenship (2012) 200 FCR 207 MIGRATION – consideration of the content of the obligation arising under s 501CA(3) of the Act – consideration of whether the Minister's delegate discharged the obligations arising under s 501CA(3) by causing documents to be handed to and signed for by an illiterate person in custody in the circumstances described in the reasons of the presiding judge – consideration of the irreducible minimum standard required by s 501CA(3)(a) and (b) – consideration of the extent to which s 497(2) of the Act operates to confer authority on a person to do those things required of the Minister by s 501CA(3) in circumstances where the person holds a delegation of the power to cancel a visa but not a delegation to do those things required of the Minister (and his delegate) under s 501CA(3) – consideration of the notion of the term "task" in s 497(2) of the Act – consideration of the Carltona principle