Palmer v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1113

Federal Court of Australia

Palmer v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1113 File number: NSD 475 of 2022

Judgment of: RAPER J

Date of judgment: 19 September 2023

Catchwords: MIGRATION – application for judicial review of Minister's decision to cancel applicant's visa under s 501BA(2) of the Migration Act 1958 (Cth) – whether upon the Minister electing to allow the applicant to be heard by inviting submissions and evidence, the Minister had an obligation to consider that material and if not that failure constituted jurisdictional error by reason of it being a denial of procedural fairness, a legally unreasonable exercise, a failure to have regard to relevant material in his constructive possession and/or failing to act upon a correct understanding of the law – whether the Minister's finding that there was a low likelihood that the applicant would reoffend was so illogical, irrational or unreasonable that the decision to cancel was affected by jurisdictional error – application dismissed

Legislation: Constitution s 75(v) Migration Act 1958 (Cth) ss 5E, 46A, 46A(7), 474, 476A(1)(c), 476A(2), 477(3)(d), 477A(1), 477A(3), 501(3), 501(3A)(a), 501(6)(a), 501(7)(c), 501A(2)–(3), 501B(2), 501BA, 501BA(2), 501BA(2)(a), 501BA(2)(b), 501BA(3), 501CA(4)(b)(ii)

Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 Candemir v Minister for Home Affairs [2019] FCAFC 33; 268 FCR 1 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66; 276 FCR 75 Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1758 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; 97 ALJR 214 DGPZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 107; 293 FCR 558 DHS17 v Assistant Minister for Immigration and Border Protection [2018] FCAFC 209; 267 FCR 411 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; 77 ALJR 1088 EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130 Graham v Minister for Immigration and Border Protection [2017] HCA 33; 263 CLR 1 Gubbay v Minister for Home Affairs [2020] FCA 1417 Ibrahim v Minister for Home Affairs [2019] FCAFC 89; 270 FCR 12 Le v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 51; 215 ALR 521 LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Home Affairs v DUA16 [2020] HCA 46; 271 CLR 550 Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175; 280 FCR 1 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Minister for Immigration, Citizenship and Multicultural Affairs v Lieu [2023] FCAFC 57; 409 ALR 719 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 NAFF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62; 221 CLR 1 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Nguyen v Minister for Home Affairs [2019] FCAFC 128; 270 FCR 555 Palmer and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 88 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Plaintiff M76/2013 v Minister for Immigration and Citizenship [2013] HCA 53; 251 CLR 322 Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22; 254 CLR 28 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2015] HCA 3; 255 CLR 231 Port of Portland Pty Ltd v State of Victoria [2010] HCA 44; 242 CLR 348 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Seafish Tasmania Pelagic Pty Ltd v Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2014] FCA 117; 225 FCR 97 SZQDZ v Minister for Immigration and Citizenship [2012] FCAFC 26; 200 FCR 207 Taveli v Minister for Immigration, Local Government and Ethnic Affairs (1989) 86 ALR 435 Vargas v Minister for Home Affairs [2021] FCAFC 162; 286 FCR 387 Williams v Minister for Justice and Customs [2007] FCAFC 33; 157 FCR 286 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6; 289 FCR 256