BIF23 v. Minister for Immigration, Citizenship and Multicultural Affairs

Lower Court Judgment

19/12/2023 Federal Court of Australia (Markovic, Derrington & Anderson JJ)

[2023] FCAFC 201

Catchwords

Immigration – Visas – Cancellation – Notice of cancellation decision – Legal incapacity from acting on notice – Where delegate of Minister cancelled appellant's visa under s 501 (3A) of Migration Act 1958 (Cth) – Where s 501CA(3) provided after making decision, Minister must give person written notice that sets out original decision and invite person to make representations to Minister – Where written notice for purposes of s 501CA(3) handed to appellant, who at relevant time in psychiatric unit of Correctional Centre – Where subsequent to notification, Victorian Civil and Administrative Tribunal made order under s 30 of Guardianship and Administration Act 2019 (Vic) appointing Public Advocate as guardian of appellant – Where appellant commenced proceeding in Federal Circuit Court seeking judicial review of Minister's decision to give 501CA(3) notice – Where primary judge and Full Court dismissed application and appeal – Whether Full Court erred failing to find not "practicable" within meaning of s 501CA(3) for Minister's delegate to give appellant notice in circumstances where appellant lacked decision-making capacity – Whether, alternatively, Full Court erred failing to find further notice could be issued to appellant, after guardian appointed for him under Guardianship and Administration Act 2019 (Vic) – Whether legally unreasonable for Minister not to give further notice in circumstances where appellant now able to make representations about revocation of cancellation of his visa by his guardian.