EVX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1079

Federal Court of Australia

EVX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1079 Review of: Decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

File number: QUD 230 of 2021

Judgment of: LOGAN J

Date of judgment: 6 August 2021

Catchwords: MIGRATION – application for judicial review of the Minister's decision not to revoke the cancellation of the applicant's visa – where applicant had been convicted of the crime of murder – where the Queensland Court of Appeal had quashed that conviction and ordered a verdict of acquittal – where the Minister was aware of the acquittal but considered the application had failed the character test in s 501 of the Migration Act 1958 (Cth) – whether s 501(10) of that Act prevented the Minister from considering the criminal conduct of the applicant as formed by his trial before a jury – whether "conviction" refers to just the formal act or order of the Court, or whether it refers to the finding of guilt – where to read "conviction" as just the formal act or order would be inconsistent with other provisions of the Migration Act – held: "conviction" refers not only to the formal act or order of conviction, but extends to the finding of guilt – where having regard to a conviction would be to take into account an irrelevant consideration – whether the error would be material – where the Minister's conclusions as to the strength of evidence led against the applicant was referrable to the finding of guilt by the jury – held: the error was jurisdictional MIGRATION – where applicant seeks a writ of mandamus returnable within 14 days – where High Court Rules 2004 (Cth) applicable – where prevailing public health restrictions impact public administration – held: an extension beyond the default time is appropriate HIGH COURT AND FEDERAL COURT – where applicant seeks a writ of mandamus returnable within 14 days – where High Court Rules 2004 (Cth) applicable – where prevailing public health restrictions impact public administration – held: an extension beyond the default time is appropriate PRACTICE AND PROCEDURE – where applicant seeks a writ of mandamus returnable within 14 days – where High Court Rules 2004 (Cth) applicable – where prevailing public health restrictions impact public administration – held: an extension beyond the default time is appropriate