Hillis v Minister for Home Affairs [2021] FCA 892

Federal Court of Australia

Hillis v Minister for Home Affairs [2021] FCA 892 File number: NSD 119 of 2020

Judgment of: WIGNEY J

Date of judgment: 3 August 2021

Catchwords: MIGRATION – where prerogative relief sought in respect of cancellation of applicant's visa – whether Minister's discretion to cancel visa was a lawful exercise of jurisdiction – whether serious errors made in Minister's reasoning – whether Minister's discretion was unlawful because it was unreasonable – where decision illogical and irrational – where decision based on factual findings not open on the evidence – writs of prohibition and mandamus granted – respondent to pay applicant's costs of the application

Legislation: Australian Citizenship Act 2007 (Cth), ss 21(2)(h), 26(3), 26(3)(a) Migration Act 1958 (Cth), ss 476A, 499, 501, 501(2), 501(6), 501(6)(b) Judiciary Act 1903 (Cth), s 39B Australian Constitution, s 75(v)

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido (2019) 271 FCR 595; [2019] FCAFC 132 BFH16 v Minister for Immigration and Border Protection (2020) 274 FCR 532; [2020] FCAFC 54 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 277 FCR 420; [2020] FCAFC 94 Brett Cattle Company Pty Ltd v Minister for Agriculture (2020) 274 FCR 337; [2020] FCA 732 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v Haq (2019) 267 FCR 513; [2019] FCAFC 7 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81; [2017] FCAFC 200 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476; [2003] HCA 2 Singh v Minister for Home Affairs (2020) 274 FCR 506; [2020] FCAFC 7 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451; [2015] FCA 1089 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51