McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 812

Federal Court of Australia

McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 812 File number: WAD 98 of 2021

Judgment of: COLVIN J

Date of judgment: 19 July 2021

Catchwords: PRACTICE AND PROCEDURE - application for order that Minister answer interrogatories - where Minister did not revoke cancellation of visa pursuant to power under s 501CA(4) of Migration Act 1958 (Cth) - whether interrogatories relate to issues raised in proceeding - whether application premature - where applicant submits interrogatories relevant to claim of failure to give proper, genuine and realistic consideration - where Minister produced photographic image appearing to be signed decision record on person's lap in driver's seat of motor vehicle as record of formation of Minister's state of satisfaction for the purposes of s 501CA(4) - application adjourned

Legislation: Migration Act 1958 (Cth) ss 501, 501CA

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; (2020) 278 FCR 627 BFH16 v Minister for Immigration and Border Protection [2020] FCAFC 54; (2020) 274 FCR 532 Egan v Minister for Home Affairs [2021] FCAFC 85 EWV20 as litigation representative for AFF20 v Minister for Home Affairs [2021] FCA 272 Minister for Immigration & Multicultural & Indigenous Affairs v Wong [2002] FCAFC 327 QJMV v Minister for Home Affairs [2021] FCA 136 QJMV v Minister for Home Affairs [2021] FCA 255 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125