BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201

Federal Court of Australia

BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201 Appeal from: BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 469

File number: VID 506 of 2023

Judgment of: MARKOVIC, DERRINGTON AND ANDERSON JJ

Date of judgment: 19 December 2023

Catchwords: MIGRATION – appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of the respondent's (Minister) decision to cancel appellant's Class AH Subclass 101 Child (Permanent) visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) (Cancellation Decision) – where notice of Cancellation Decision under s 501CA(3) of the Act (s 501CA(3) Notice) was handed to the appellant at correctional centre – where the Public Advocate, Office of the Public Advocate, was subsequently appointed as the appellant's guardian – construction of s 501CA(3) of the Act – whether the primary judge erred in failing to find that the s 501CA(3) Notice was not valid and effective – whether it was "practicable" within the meaning of s 501CA(3) of the Act to deliver the s 501CA(3) Notice to the appellant at the time and in the manner in which it was delivered – application for leave to raise new ground of appeal – whether more than one notification can be issued under s 501CA(3) of the Act – where merit of the proposed ground depends on the Court accepting dissenting reasons in BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 43 – leave refused – whether it was legally unreasonable for the Minister to provide the s 501CA(3) Notice to the appellant at the time it was issued in light of circumstances known to the Minister – appeal dismissed