Federal Court of Australia
Federal Court of Australia
Williams v Minister for Immigration and Border Protection [2021] FCAFC 182 Appeal from: Williams v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 814
File number: VID 445 of 2020
Judgment of: ALLSOP CJ, WHITE AND ROFE JJ
Date of judgment: 19 October 2021
Catchwords: MIGRATION – review of decision under s 501CA of the Migration Act 1958 (Cth) refusing to revoke cancellation decision – where Department failed to provide the appellant with police charge brief in relation to a pending charge despite attempts to obtain brief – where Department refused to grant extension of time to make representations in order that the appellant could obtain the brief – whether denial of procedural fairness – whether Minister obliged to have regard to most up-to-date information in all circumstances – whether failure to provide police charge brief to appellant or to grant an extension of time to make representations amounts to jurisdictional error – no denial of procedural fairness – no free-standing obligation that the Minister have regard to most up-to-date information – no jurisdictional error – appeal dismissed
Legislation: Judiciary Act 1903 (Cth) s 79 Migration Act 1958 (Cth) s 501CA Migration Regulations 1994 (Cth) Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic) ss 9, 28, 73, 182, 183)
Cases cited: Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh [2004] FCAFC 256; 139 FCR 505 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; 204 CLR 82 SZJTQ v Minister for Immigration and Citizenship [2008] FCA 1938; 172 FCR 563 Williams v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 814
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