BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1176

Federal Court of Australia

BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1176 File number: NSD 300 of 2020

Judgment of: STEWART J

Date of judgment: 14 August 2020

Catchwords: MIGRATION – application for judicial review of a decision by the Minister not to revoke the mandatory cancellation of the applicant's visa under section 501CA of the Migration Act 1958 (Cth) – where representations for revocation made out of time – where Minister accepted that representations were made in time but later said that they were not – whether subsequent invitation for further representations recommenced time running – whether despite previously having taken the contrary position, the Minister lacked power to revoke the visa cancellation where representations were made out of time – application dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 198, 501, 501CA Migration Regulations 1994 (Cth) reg 2.52

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109 Beni v Minister for Immigration and Border Protection [2018] FCAFC 228; 267 FCR 15 Fernando v Minister for Immigration and Multicultural Affairs [2000] FCA 324; 97 FCR 407 Gedeon v Commissioner of New South Wales Crime Commission [2008] HCA 43; 236 CLR 120 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Rail Corporation New South Wales v Brown [2012] NSWCA 296; 82 NSWLR 318 Tasker v Fullwood [1978] 1 NSWLR 20