Federal Court of Australia
Federal Court of Australia
EXT20 v Minister for Home Affairs [2022] FCAFC 72 Appeal from: EXT20 v Minister for Home Affairs [2021] FCA 629
File number(s): VID 370 of 2021
Judgment of: MORTIMER, WIGNEY AND SNADEN JJ
Date of judgment: 5 May 2022
Catchwords: MIGRATION – appeal – refusal to revoke mandatory cancellation of appellant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – where appellant made representations about risk of harm if returned to country of nationality – representations made within the prescribed period but after receipt of a notice under s 501CA(3) that misrepresented the prescribed period – where Minister concluded that he was unable to make a finding about the appellant's claim to fear harm due to a lack of detail and supporting evidence – whether primary judge erred in not finding that failure to consider the appellant's claims was a breach of procedural fairness – whether primary judge erred in not finding that failure to notify appellant of the lack of detail and supporting evidence was a breach of procedural fairness – whether erroneous invitation for representations meant that Minister lacked power to refuse to revoke the mandatory cancellation decision – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 501, 501CA(3), 501CA(4) Migration Regulations 1994 (Cth), reg 2.52(2)(b)
Cases cited: Abebe v The Commonwealth [1999] HCA 14; 197 CLR 510 Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195; 395 ALR 57 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 BCE20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 124 BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91; 285 FCR 43 CAR15 v Minister for Immigration and Border Protection [2019] FCAFC 155; 272 FCR 131 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CHVS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 34 Commissioner of ACT Revenue v Alphaone Pty Ltd [1994] FCA 293; 49 FCR 576 Downes v Minister for Home Affairs [2020] FCA 54; 168 ALD 498 EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173; 395 ALR 36 EVK18 v Minister for Home Affairs [2020] FCAFC 49; 274 FCR 598 Guclukol v Minister for Home Affairs [2020] FCAFC 148; 279 FCR 611 Kioa v West [1985] HCA 81; 159 CLR 550 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Home Affairs v Smith [2019] FCAFC 137 Minister for Immigration and Border Protection v EFX17 [2021] HCA 9; 338 ALR 351 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Minister for Immigration v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 [2020] FCAFC 166; 280 FCR 178 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Jokic [2020] FCA 1434 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EPL20; Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Sillars [2022] HCASL 9 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Parata [2021] FCAFC 46; 284 FCR 62 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 Muin v Refugee Review Tribunal [2002] HCA 30 76 ALJR 966 Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1169 Navoto v Minister for Home Affairs [2019] FCAFC 135 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; 219 FCR 504 Pennie v Minister for Home Affairs [2019] FCAFC 129 Perera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 403 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme [2003] HCA 56; 216 CLR 212 Renton v Minister for Home Affairs [2021] FCA 931 RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 27 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174 Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156; 230 FCR 82 STKB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 251 Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196; 281 FCR 578 Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174; 265 FCR 177 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 Tewao v Minister for Immigration and Citizenship [2012] FCAFC 39
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