Federal Court of Australia
Federal Court of Australia
BCU22 v Minister for Home Affairs [2022] FCA 1255 File number: VID 191 of 2022
Judgment of: SNADEN J
Date of judgment: 21 October 2022
Catchwords: MIGRATION – where visa cancelled under s 501CA of the Migration Act 1958 (Cth) – where applicant sought revocation of cancellation decision – where Minister declined to revoke cancellation decision – application for judicial review – whether Minister failed to consider the impact of prolonged or indefinite immigration detention – whether that constituted another reason to revoke cancellation decision – whether jurisdictional error – where respondent concedes jurisdictional error – orders made
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA
Cases cited: Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of hearing: Determined on the papers
Counsel for the Applicant: Ms S Pathan
Solicitor for the Applicant: Victoria Legal Aid
Solicitor for the Respondent: Australian Government Solicitor
ORDERS VID 191 of 2022
BETWEEN: BCU22 Applicant
AND: MINISTER FOR HOME AFFAIRS Respondent
order made by: SNADEN J DATE OF ORDER: 21 OCTOBER 2022
THE COURT ORDERS THAT:
1. A writ of certiorari issue, removing into this court and quashing the decision made on 11 March 2022 under s 501CA(4) of the Migration Act 1958 (the "Act") not to revoke the decision made on 9 January 2017 to cancel the applicant's class BF transitional (permanent) visa under s 501(3A) of the Act. 2. A writ of mandamus issue, requiring that the respondent determine according to law the applicant's request for revocation of the decision of 9 January 2017 referred to in order 1. 3. The respondent pay the applicant's costs fixed in the amount of $6,500.00.
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