Federal Court of Australia
Federal Court of Australia
Lewis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 205 Review of: Lewis and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4414 (4 November 2020)
File number: NSD 1240 of 2020
Judgment of: ALLSOP CJ
Date of judgment: 10 March 2022
Catchwords: MIGRATION – application for review of Tribunal's decision that power to consider whether to revoke mandatory cancellation of visa under s 501CA(4) not enlivened because representations not received within 28 days – where Minister issued two invitations to make representations about revoking character cancellation decision under s 501(3A) – invitations identical but for date – representations made within 28 days of second invitation but not first – invitations informed applicant that representations must be "received" within 28 days contrary to reg 2.25(2)(b) – invitation not "within the period…ascertained in accordance with the regulations": s 501CA(3)(b) – Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174 and EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173 applied.
Legislation: Migration Act 1958 (Cth) ss 476A, 501CA Migration Regulations 1994 (Cth) reg 2.52(2)(b)
Cases cited: BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1176 BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91 EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173 Minister for Immigration and Border Protection v EFX17 [2021] HCA 9; 338 ALR 351 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1313 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174 Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196
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