Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1313

Federal Court of Australia

Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1313 File number: NSD 628 of 2020

Judgment of: KATZMANN J

Date of judgment: 15 September 2020

Catchwords: MIGRATION — mandatory cancellation of visa on character grounds under s 501CA of Migration Act 1958 (Cth) — where written notice given by Minister setting out original decision and particulars of relevant information and applicant invited to make representations about revocation but representations not made until after the period prescribed by reg 2.52 of the Migration Regulations 1994 (Cth) — where applicant serving 12 months' prison sentence when notice was given and notice sent by mail to applicant at the prison, whether notice given in accordance with the Regulations — whether applicant in immigration detention at the time notice was given so that reg 5.02, rather than reg 2.55, applied — if reg 2.55 applied, whether prison address is a "residential address" and, where Tribunal failed to consider the question, whether notice dispatched within three working days of date of notice — what is meant by "in accordance with the invitation" in s 501CA(4)(a) — whether Tribunal misconstrued s 501CA(4)(a) by holding that there was no discretion to extend the time to make representations or to consider representations made outside prescribed period

Legislation: Acts Interpretation Act 1901 (Cth) ss 2(2), 13(1)(b), 15AA, 33(1) Legislation Act 2003 (Cth) s 13(1)(a) Migration Act 1958 (Cth) ss 5, 189, 501, 501CA Migration Regulations 1994 (Cth) regs 2.52, 2.55, 5.02