Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER, NETTLE, GORDON AND EDELMAN JJ

APPLICANT S270/2019 APPELLANT

AND

MINISTER FOR IMMIGRATION AND BORDER PROTECTION RESPONDENT

Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 Date of Hearing: 5 August 2020 Date of Judgment: 9 September 2020 S47/2020

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation

S E J Prince SC with S G Lawrence and I Chatterjee for the appellant (instructed by Purcell Lawyers)

S P Donaghue QC, Solicitor-General of the Commonwealth, with R S Francois for the respondent (instructed by Mills Oakley)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Applicant S270/2019 v Minister for Immigration and Border Protection

Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where s 501(3A) of Migration Act 1958 (Cth) provides that Minister must cancel visa if satisfied person does not pass character test because they have substantial criminal record and person is serving sentence of imprisonment on full-time basis – Where s 501CA(4) provides that Minister may revoke decision to cancel visa if conditions in s 501CA(4)(a) and (b) are met – Where s 501CA(4)(a) requires that person makes representations in accordance with invitation from Minister – Where s 501CA(4)(b) requires that Minister is satisfied person passes character test or there is another reason why decision should be revoked – Where appellant held visa which was not protection visa – Where appellant's visa cancelled under s 501(3A) and Minister declined to revoke cancellation under s 501CA(4) – Whether Minister obliged to, and failed to, consider whether non‑refoulement obligations were owed to appellant when exercising power under s 501CA(4).