Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS APPLICANT

AND

JOSEPH LEON McQUEEN RESPONDENT

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen

[2024] HCA 11

Date of Hearing: 14 December 2023

Date of Judgment: 10 April 2024

P2/2023

ORDER

1. Special leave to appeal is granted.

2. Appeal allowed.

3. Set aside order 1 of the orders made by the Full Court of the Federal Court of Australia on 13 December 2022 and in its place order that:

(a) the appeal be allowed; and

(b) orders 1, 2 and 3 made by the Federal Court of Australia on 23 March 2022 be set aside and in their place order that the proceeding be dismissed.

4. The appellant pay the respondent's costs in this Court.

On appeal from the Federal Court of Australia

Representation

P D Herzfeld SC with N A Wootton for the applicant (instructed by Australian Government Solicitor)

L G De Ferrari SC with J D Donnelly for the respondent (instructed by Zarifi Lawyers)

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, Citizenship and Multicultural Affairs v McQueen

Immigration – Visas – Cancellation of visa – Revocation of cancellation decision – Where respondent's visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where Minister provided by Department of Home Affairs with submission summarising respondent's representations, draft statement of reasons, copies of respondent's representations and other relevant material – Where Minister decided to personally exercise power under s 501CA(4) to revoke cancellation decision – Where Minister decided not to revoke cancellation decision – Where Minister read only departmental submission and draft statement of reasons – Where s 501CA(4) obliges Minister to "read, identify, understand and evaluate" representations – Whether Minister required to personally read some or all of respondent's representations to form state of satisfaction whether "another reason" existed to revoke cancellation of respondent's visa – Whether Minister entitled to rely upon summary of representations contained in departmental submission – Whether summary provided adequate and accurate.