NRFX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 21

Federal Court of Australia

NRFX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 21 Review of: Application for extension of time to review decision made on 21 October 2021

File number: QUD 128 of 2022

Judgment of: RANGIAH J

Date of judgment: 24 January 2023

Catchwords: MIGRATION – Application for extension of time to review decision of the Minister to cancel applicant's visa under s 501BA(2) of the Migration Act 1958 (Cth) – where Minister set aside decision of AAT – whether Minister's state of satisfaction that cancellation was in the national interest was reached reasonably – whether the Minister misconceived duty under s 501BA or the nature of his power – Minister's satisfaction not irrational or unreasonable – whether the Minister erred by failing to consider whether Australia would breach obligations under the Convention on the Rights of the Child when considering the national interest – extension of time granted – application for judicial review dismissed

Legislation: Migration Act 1958 (Cth) ss 476A(1)(c), 477A, 499, 501(3A), 501(6)(a), 501(6)(e), 501A(2), 501BA, 501CA(4) Convention on the Rights of the Child (opened for signature 20 November 1989, 1577 UNTS 3, entered into force 2 September 1990) Art 3, Art 9(1), Art 9(4), Art 12

Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 (2021) 288 FCR 565 Avon Downs Pty Ltd v Commissioner for Taxation (1949) 78 CLR 353 Browne v Minister for Immigration and Multicultural Affairs (1998) 52 ALD 550 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Plaintiff S156/2013 v Minister for Immigration and Border Protection (2014) 254 CLR 28 Plaintiff S297/2013 v Minister for Immigration and Border Protection (No 2) (2015) 255 CLR 231 R v Gavel [2014] NSWCCA 56; (2014) 239 A Crim R 469 Re Patterson; Ex parte Taylor (2001) 207 CLR 391 Sundrampillai v Minister for Immigration, Local Government and Ethnic Affairs (1992) 29 ALD 479 Teoh v Minister for Immigration, Local Government and Ethnic Affairs (1994) 49 FCR 409 Tereva v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 142 Vargas v Minister for Home Affairs (2021) 286 FCR 387,