BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91

Federal Court of Australia

BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91 Appeal from: BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1176

File number(s): NSD 1001 of 2020

Judgment of: RARES, BANKS-SMITH AND JACKSON JJ

Date of judgment: 7 June 2021

Catchwords: MIGRATION – appeal from decision dismissing application for judicial review – decision by Minister not to revoke mandatory cancellation of appellant's visa under s 501CA of the Migration Act 1958 (Cth) – appellant made representations out of time – Minister accepted that representations were made within time but later said that they were not – held: proper construction of Migration Act does not permit Minister to issue a second invitation to a person to make representations under s 501CA – appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth) ss 2, 15AB, 23, 33 Migration Act 1958 (Cth) ss 4, 13, 15, 189, 198, 418, 424A, 476A, 500, 501, 501A, 501C, 501CA, 501E, 501F, 501G, 501HA Migration Regulations 1994 (Cth) reg 2.52

Cases cited: Ali v Minister for Home Affairs (2020) 380 ALR 393 Allsop v Incorporated Law Institute (1944) 44 SR (NSW) 132 Australian Securities and Investments Commission v DB Management Pty Ltd (2000) 199 CLR 321 Beni v Minister for Immigration and Border Protection (2018) 267 FCR 15 Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619 Gedeon v Commissioner of New South Wales Crime Commission (2008) 236 CLR 120 Lawrie v Lees (1881) 7 App Cas 19 Minister for Home Affairs v Brown [2020] FCAFC 21; (2020) 275 FCR 188 Minister for Immigration & Multicultural & Indigenous Affairs v Watson [2005] FCAFC 181; (2005) 145 FCR 542 Minister for Immigration and Border Protection v Makasa [2021] HCA 1; (2021) 386 ALR 200 Minister for Indigenous Affairs v MJD Foundation Ltd (2017) 250 FCR 31 Pfeiffer v Stevens [2001] HCA 71; (2001) 209 CLR 57 Plaintiff M79/2012 v Minister for Immigration and Citizenship [2013] HCA 24; (2013) 252 CLR 336 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 Scarfe v Federal Commissioner of Taxation (1920) 28 CLR 271 Snedden v Minister for Justice (2014) 230 FCR 82 SZOIN v Minister for Immigration and Citizenship [2011] FCAFC 38; (2011) 191 FCR 123 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Uebergang v Australian Wheat Board (1980) 145 CLR 266 Vines v Djordjevitch (1955) 91 CLR 512