Federal Court of Australia
Federal Court of Australia
Lewis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 521 Appeal from: Lewis and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4414 (4 November 2020)
File number(s): NSD 1240 of 2020
Judgment of: ALLSOP CJ
Date of judgment: 9 May 2022
Catchwords: MIGRATION – whether Administrative Appeals Tribunal has jurisdiction or power to review decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) where no valid invitation to make representations under s 501CA(3) has been given – where representations arguably made outside the time period prescribed by reg 2.52 of the Migration Regulations 1994 (Cth) – order remitting matter to Tribunal sought by consent
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 25 Migration Act 1958 (Cth) ss 476A(1), 501CA Migration Regulations 1994 (Cth) reg 2.52
Cases cited: BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91; 285 FCR 43 CHVS v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2022] FCA 34 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 City of Enfield v Development Assessment Commission [2000] HCA 5; 199 CLR 135 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd [1979] FCA 21; 24 ALR 307 EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173; 395 ALR 36 EXT20 v Minister for Home Affairs [2022] FCAFC 75 Lewis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 205 Minister for Immigration and Border Protection v EFX17 [2021] HCA 9; 338 ALR 351 Montgomery v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1423 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174; 394 ALR 347 Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196; 281 FCR 578 SZGME v Minister for Immigration and Citizenship [2008] FCAFC 91; 168 FCR 487 Yilmaz v Minister for Immigration and Multicultural Affairs [2000] FCA 906; 100 FCR 495
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate