McRoy v Minister for Home Affairs (No 3) [2021] FCA 744

Federal Court of Australia

McRoy v Minister for Home Affairs (No 3) [2021] FCA 744 File number: QUD 132 of 2021

Judgment of: LOGAN J

Date of judgment: 11 June 2021

Catchwords: MIGRATION – judicial review of Minister's decision to cancel the applicant's visa pursuant to s 501(2) of the Migration Act 1958 (Cth) – whether the cancellation was procedurally unfair in that the letter giving the applicant notice of the intention to cancel did not identify any potentially adverse factor as a result of media material about the "Mongrel Mob" – where applicant had responded to the intention to cancel with detail as to his involvement with the "Mongrel Mob" – where the Minister did not make affirmative findings that the applicant had participated in criminal activity – held that while the notice of intention to cancel was inadequate no practical injustice was made out – whether the Minister's decision was unreasonable – where no basis for ground of review – application dismissed PRACTICE AND PROCEDURE – application for extension of time for the filing of an originating application – where proposed grounds of review sufficiently arguable to warrant extension of time – held that the extension of time be granted and the originating application heard and determined instanta

Legislation: Constitution Migration Act 1958 (Cth) ss 198, 499, 501

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Kioa v West (1985) 159 CLR 550 Love v Commonwealth (2020) 94 ALJR 198 McRoy v Minister for Home Affairs (No 2) [2021] FCA 538 McRoy v Minister for Home Affairs [2021] FCA 537 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Home Affairs v DUA16 (2020) 95 ALJR 54 Minister for Home Affairs v Lee [2021] FCAFC 89 Minister for Immigration and Border Protection v Makasa (2021) 95 ALJR 117 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 Citizenship v Li (2013) 249 CLR 332 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Re Minister for Immigration and Multicultural Affairs and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1