McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2022] FCA 258

Federal Court of Australia

McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2022] FCA 258 File number: WAD 98 of 2021

Judgment of: COLVIN J

Date of judgment: 23 March 2022

Catchwords: MIGRATION - application for judicial review of a decision made personally by the Minister to refuse the revocation of a visa cancellation under s 501CA of the Migration Act 1958 (Cth) - where the Minister received a brief from the Department consisting of a submission with recommendations and copies of representations and other materials as attachments - where the Minister's decision was recorded by circling options presented in the brief - whether the Minister failed to exercise personally the power under s 501CA and in fact delegated the exercise of the power to officers of the Department - consideration of the extent to which the Minister may be assisted by officers of the Department in deliberative process - whether the Minister must consider representations personally - whether the Minister failed to give proper, genuine and realistic considerations to the merits of the applicant's representations - whether the Minister's reasons for decision failed to respond to a substantial, clearly articulated argument, whether the decision of the Minister was legally unreasonable, illogical or irrational - application allowed - liberty to apply for relief in the nature of mandamus

Legislation: Migration Act 1958 (Cth) ss 13, 14, 193, 198, 501, 501CA, 501G

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91; (2021) 285 FCR 43 Bushell v Secretary of State for the Environment [1981] AC 75 C Incorporated v Australian Crime Commission [2010] FCAFC 4 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 ERY19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 569 ETA067 v The Republic of Nauru [2018] HCA 46 Folau v Minister for Immigration and Border Protection [2017] FCAFC 214; (2017) 256 FCR 455 GBV18 v Minister for Home Affairs [2020] FCAFC 17; (2020) 274 FCR 202 Mason v Minister for Home Affairs [2020] FCA 1787 Maxwell v Minister for Immigration and Border Protection [2016] FCA 47; (2016) 249 FCR 275 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175; (2020) 280 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v W157/00A [2002] FCAFC 281; (2002) 125 FCR 433 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 [2020] FCAFC 166; (2020) 280 FCR 178 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 Minister of Aboriginal and Torres Strait Islander Affairs of the Commonwealth of Australia v Douglas (1996) 67 FCR 40 Navarrete v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1723 Navoto v Minister for Home Affairs [2019] FCAFC 135 Phosphate Resources Ltd v Minister for the Environment, Heritage and the Arts (No 2) [2008] FCA 1521 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2014] HCA 24; (2014) 255 CLR 179 QJMV v Minister for Home Affairs [2021] FCA 136 Stambe v Minister for Health [2019] FCA 43; (2019) 270 FCR 173 Tervonen v Minister for Justice and Customs (No 2) [2007] FCA 1684 Tickner v Chapman (1995) 57 FCR 451 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125; (2021) 285 FCR 187 Williams v Minister for Justice and Customs of the Commonwealth of Australia [2007] FCAFC 33; (2007) 157 FCR 286 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6