Palmer v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 154

Palmer v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 154 Appeal from:

File number:

Judgment of: DERRINGTON, FEUTRILL AND HESPE JJ

Date of judgment: 6 December 2024

Catchwords: MIGRATION – appeal from decision of primary judge dismissing application for judicial review of Minister's decision to cancel appellant's visa under s 501BA(2) of the Migration Act 1958 (Cth) – where Minister extended to appellant the opportunity to provide information and material, but did not consider everything which was sent to the Department on her behalf – whether there was jurisdictional error based upon the alleged denial of natural justice – whether decision legally unreasonable – whether the Minister failed to consider all relevant material – whether the Minister misunderstood the law – appeal dismissed

Legislation: Migration Act 1958 (Cth)

ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 Annetts v McCann (1990) 170 CLR 596 Barrett v Minister for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 129 Candemir v Minister for Home Affairs (2019) 268 FCR 1 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75 CRW16 v Minister for Immigration and Border Protection [2018] FCA 710 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 408 ALR 381 DOB18 v Minister for Home Affairs (2019) 269 FCR 636 DVO16 v Minister for Immigration and Border Protection (2021) 273 CLR 177 EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 298 FCR 492 EVW18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1363 Federal Commissioner of Taxation v Wade (1951) 84 CLR 105 Geroudis v Minister for Immigration, Local Government and Ethnic Affairs (1990) 19 ALD 755 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 Gubbay v Minister for Home Affairs [2020] FCA 1417 Ibrahim v Minister for Home Affairs (2019) 270 FCR 12 Le v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 521 LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v DUA16 (2020) 271 CLR 550 Cases cited: Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Minister for Immigration, Citizenship and Multicultural Affairs v Lieu (2023) 297 FCR 162 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506 NRFX v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 300 FCR 582 Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship (2013) 251 CLR 322 Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship (2013) 251 CLR 322 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 Plaintiff S156/2013 v Minister for Immigration and Border Protection (2014) 254 CLR 28 Plaintiff S297/2013 v Minister for Immigration and Border Protection (2015) 255 CLR 231 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Seafish Tasmania Pelagic Pty Ltd v Minister for Sustainability, Environment, Water, Population and Communities (No 2) (2014) 225 FCR 97 Singh v Minister for Immigration and Citizenship (2011) 190 FCR 552 Tereva v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 294 FCR 270 Vargas v Minister for Home Affairs (2021) 286 FCR 387 Williams v Minister for Justice and Customs of the Commonwealth of Australia (2007) 157 FCR 286 M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (Law Book Co, 7th ed, 2022)