Archer v. Minister for Immigration and Citizenship

Lower Court Judgment

09/03/2026 Full Court of the Federal Court of Australia (Bromwich, Thawley and Kennett JJ)

[2026] FCAFC 20 

Catchwords

Migration – appeal  – where there has been mandatory cancellation of a Class BF Transitional Permanent visa under s 501(3A) of the Migration Act on character grounds – where applicant has a substantial criminal record – where Minister exercised power under s 501BA(2) of the Migration Act 1958 (Cth) to set aside decision of Administrative Appeals Tribunal to revoke cancellation of visa – where Minister satisfied that cancellation of visa is in the national interest – whether s 501BA(2) of the Migration Act is subject to an implied limitation that it be exercised within a reasonable period of time – where extension of time granted for judicial review of Minister’s decision