Minister for Immigration and Border Protection v EFX17 [2021] HCA 9

HIGH COURT OF AUSTRALIA

KIEFEL CJ,

GAGELER, KEANE, EDELMAN AND STEWARD JJ

MINISTER FOR IMMIGRATION AND BORDER

PROTECTION APPELLANT

AND

EFX17 RESPONDENT

Minister for Immigration and Border Protection v EFX17

[2021] HCA 9

Date of Hearing: 4 December 2020

Date of Judgment: 10 March 2021

B43/2020

ORDER

Appeal dismissed.

On appeal from the Federal Court of Australia

Representation

G T Johnson SC with B D Kaplan for the appellant (instructed by Clayton Utz)

A M Mitchelmore SC with D K Fuller for the respondent (instructed by Prisoners' Legal Service Inc)

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

CATCHWORDS

Minister for Immigration and Border Protection v EFX17

Immigration – Cancellation of protection visa – Notice of cancellation – Where delegate of Minister cancelled respondent's visa under s 501(3A) of Migration Act 1958 (Cth) – Where pursuant to duties in s 501CA(3) letter from delegate and enclosures sent explaining decision to cancel respondent's visa and opportunity to make representations about revoking decision – Where letter and enclosures given to respondent by corrective services officer – Where letter incorrectly stated date on which respondent taken to have received notice – Whether Minister complied with duty to "give" written notice and particulars and "invite" representations under s 501CA(3) – Whether capacity of respondent to understand written notice, particulars, and invitation relevant to whether duties in s 501CA(3) were performed – Whether Minister or delegate required personally to perform duties in s 501CA(3) – Whether Minister failed to invite representations as letter did not specify period within which to make representations in accordance with Migration Regulations 1994 (Cth).