Chapman v Minister for Immigration and Multicultural Affairs [2025] FCA 24

Chapman v Minister for Immigration and Multicultural Affairs [2025] FCA 24 File number:

Judgment of: LEE J

Date of judgment: 29 January 2025

Catchwords: MIGRATION – application for judicial review of a Minister's decision made personally under s 501BA of the Migration Act 1958 (Cth) – where the Minister cancelled the applicant's Resident Return (Class BB) (Subclass 155) visa – where eight grounds were relied upon to establish jurisdictional error – where each of the eight grounds considered in turn – where the limits of judicial review considered – where the eight grounds advanced by the applicant fail – application to be dismissed with costs – orders made

Legislation: Migration Act 1958 (Cth) ss 501(3A), 501BA, 501CA(4) Migration Regulations 1994 (Cth) Sch 5

Applicant WAEE v Minister for Immigration [2003] FCAFC 184; (2003) 236 FCR 593 EUF20 v Minister for Immigration [2023] FCAFC 130; (2023) 298 FCR 492 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Jones v Dunkel (1959) 101 CLR 298 LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209; (2022) 179 ALD 299 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Cases cited: Minister for Immigration & Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration & Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration v SZVFW [2018] HCA 30; (2018) 264 CLR 541 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38, (2014) 220 FCR 1 Northern Disability Services Pty Ltd v National Disability Insurance Agency [2024] FCA 892 Patrick v Australian Information Commissioner [2024] FCAFC 93; (2024) 304 FCR 1 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582