McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1358

2Federal Court of Australia

McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1358 File number: WAD 98 of 2021

Judgment of: COLVIN J

Date of judgment: 3 November 2021

Catchwords: PRACTICE AND PROCEDURE - application for order that Minister answer interrogatories - where previous application for interrogatories adjourned - where Minister did not revoke cancellation of applicant's visa - whether interrogatories should not be allowed on basis that applicant's claims unarguable - whether interrogatories relate to claims advanced in proceeding - where applicant seeks to advance ground of review that Minister gave insufficient personal consideration of application in order to amount to personal exercise of power - where Minister produced photograph 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) of Migration Act 1958 (Cth) - where photograph depicts Minister's signature beside 'sign here' sticker - application as to some interrogatories allowed

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Mason v Minister for Home Affairs [2020] FCA 1787 McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 812 QJMV v Minister for Home Affairs [2021] FCA 136