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Federal Court Decisions for the week ending 1 July 2021
| Broadbent v Minister for Home Affairs [2021] FCAFC 116 Full Court of the Federal Court of Australia Nicholas, Wigney & Anderson JJ Migration law - Minister's delegate cancelled applicant's Class WR Subclass 070 Bridging R (Removal Pending) visa under s501(3A) Migration Act 1958 (Cth) - Minister refused to revoke cancellation - SC Derrington J, of Federal Court of Australia, refused judicial review application - applicant sought to appeal - whether to grant extension of time to appeal - whether Minister lacked power under s501CA Migration Act to revoke visas cancellation - whether erroneous failure to consider 'evidence of significance' concerning question whether to revoke visa's cancellation - whether applicant made representation that he was, or might be a Zambian citizen - whether Minister required to consider applicant's connection with Zambia - whether misconstruction of s256 Migration Act - held: extension of time to appeal refused. Broadbent |
| Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 98 Full Court of the Federal Court of Australia Logan, Charlesworth & Wheelahan JJ Migration law - Minister cancelled appellant's visa under s501(3) Migration Act 1958 (Cth) (cancellation decision) - appellant challenged cancellation decision - Bromberg J, of Federal Court of Australia, dismissed judicial review application - appellant contended Minister had misunderstood operation of 501(3) Migration Act 'by believing it precluded him from' effecting procedural fairness rules - appellant also contended Minister was 'precluded from re-exercising the power to cancel' visa where a previous Minister had declined to cancel the visa ('2012 decision') 'and no relevant new fact or circumstance had arisen since' 2012 decision - appellant also contended Minister failed to have regard to 'mandatory relevant consideration' - whether to grant leave to raise new appeal grounds - whether 'separate powers' conferred between s501(2) Migration Act and s501(3) Migration Act - whether Minister was 're-exercising power' when cancellation decision made - held: appeal dismissed. Chetcuti |
Source: Benchmark
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