XMBQ 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 19

Catchwords

Migration – appeal – where there has been mandatory cancellation of protection visa under s 501(3A) of the Migration Act 1958 (Cth) on character grounds – where applicant has a criminal record – where Minister exercised power under s 501BA(2) of the Migration Act to set aside decision of Administrative Appeals Tribunal to revoke cancellation of visa – whether discretion to revoke mandatory cancellation should be exercised – where Minister’s decision was made almost 38 months after the Tribunal restored the protection visa – whether s 501BA(2) of the Migration Act is subject to an implied limitation that it be exercised within a reasonable period of time