Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174

Federal Court of Australia

Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174 Appeal from: Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1313

File number: NSD 1301 of 2020

Judgment of: YATES, GRIFFITHS AND MOSHINSKY JJ

Date of judgment: 27 September 2021

Catchwords: MIGRATION – appeal from a decision of a single Judge of the Federal Court of Australia dismissing the appellant's application for judicial review of a decision of the Administrative Appeals Tribunal – where Administrative Appeals Tribunal upheld a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs under s 501CA(4) of the Migration Act 1958 (Cth) to refuse to revoke the cancellation of the appellant's visa – meaning of the words "given the notice" in reg 2.52(2)(b) of the Migration Regulations 1994 (Cth) – whether invitation given to appellant under s 501CA(3)(b) of the Act inconsistent with the requirement of reg 2.52(2)(b) - whether reg 2.55 or reg 5.02 applied to the giving of the invitation – whether the appellant was in immigration detention at the time the invitation was given – whether the invitation was invalid in light of Minister for Immigration and Border Protection v EFX17 [2021] HCA 9; 338 ALR 351 and Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 – whether the appellant had "made" his representations to the Minister within 28 days

Legislation: Migration Act 1958 (Cth) ss 189(1), 476A, 501CA Federal Court Rules 2011 (Cth) r 36.05 Migration Regulations 1994 (Cth) regs 1.09, 2.25(2)(b), 2.52(2)(b), 2.55(2)(b), 2.55(3)(c), 2.55(7)(a), 5.02 Periodic Detention of Prisoners Act 1981 (NSW) s 4