Federal Court of Australia
Federal Court of Australia
Broadbent v Minister for Home Affairs [2021] FCAFC 116 Appeal from: Broadbent v Minister for Home Affairs [2020] FCA 1626
File number: VID 5 of 2021
Judgment of: NICHOLAS, WIGNEY AND ANDERSON JJ
Date of judgment: 29 June 2021
Catchwords: MIGRATION – where delegate of Minister cancelled applicant's visa under s 501(3A) of Migration Act 1958 (Cth) (Act) – where Minister decided not to revoke cancellation – whether Minister lacked power under s 501CA of the Act to decide to not revoke the cancellation because decision to cancel visa made by delegate – Minister did not lack power under s 501CA of the Act MIGRATION – whether Minister failed to properly consider whether applicant may be a citizen of Zambia and may therefore be returned to Zambia if visa cancellation decision not revoked – Minister not required to consider whether applicant was a citizen of Zambia MIGRATION – whether in circumstances where applicant was represented and where applicant claimed to have been prevented from participating in hearing by video link Minister contravened s 256 of the Act – no contravention of s 256 of the Act MIGRATION – where applicant required leave to file a notice of appeal out of time – leave refused – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) ss 19(1), 34AB(1)(c) Migration Act 1958 (Cth) ss 256, 496, 501, 501A, 501B, 501BA, 501C, 501CA Federal Court Rules 2011 (Cth) r 36.03
Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68 DOB18 v Minister for Home Affairs [2019] FCAFC 63 HWLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1039 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108 Marzano v Minister for Immigration and Border Protection [2016] FCA 1180 Marzano v Minister for Immigration and Border Protection [2017] FCAFC 66 McCulloch v Minister for Home Affairs [2019] FCA 54 Minister for Home Affairs v Brown [2020] FCAFC 21 Minister for Home Affairs v CSH18 [2019] FCAFC 80 Minister for Immigration and Multicultural and Indigenous Affairs v Watson [2005] FCAFC 181 Re Patterson; Ex parte Taylor (2001) 207 CLR 391
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate