McLeod v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1479

FEDERAL COURT OF AUSTRALIA

McLeod v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1479 File number: VID 299 of 2022

Judgment of: MOSHINSKY J

Date of judgment: 9 December 2022

Catchwords: MIGRATION – where Minister served a notice of intention to consider cancellation of a visa under s 501(2) of the Migration Act 1958 (Cth) – where the notice attached material said to suggest that the visa holder did not pass the character test by virtue of s 501(6)(b), namely that the Minister reasonably suspects that the person had been or was a member of a group or organisation and that the group or organisation had been or was involved in criminal conduct – where the visa holder commenced the present proceeding seeking relief before any decision had been made to cancel his visa – where the applicant contended that on the material set out in and attached to the notice it was not open to the Minister to form a reasonable suspicion of the matters in s 501(6)(b) – where the applicant sought declaratory relief – whether, as a matter of discretion, the Court should decline to grant declaratory relief

Legislation: Migration Act 1958 (Cth), ss 501, 501D

Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 FUD18 v Minister for Home Affairs (2021) 285 FCR 505 George v Rockett (1990) 170 CLR 104 Minister for Immigration and Border Protection v Makasa (2021) 270 CLR 430 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Roach v Minister for Immigration and Border Protection [2016] FCA 750 Taulahi v Minister for Immigration and Border Protection (2016) 246 FCR 146