Plaintiff M19A/2024 & Ors v. Minister for Immigration, Citizenship and Multicultural Affairs

Lower Court Judgment

18/10/2024 High Court of Australia (Gordon J)

[2024] HCASJ 39

Catchwords

Administrative law – visa cancellation – unreasonableness – where first three appellants granted permanent protection visas in 2011 – where delegate of respondent sent notice to first appellant under s 116 of Migration Act 1958 (Cth) of intention to consider cancellation of visa – where first appellant did not receive notification because of change of address – where respondent proceeded to cancellation of visa in 2019 – where first appellant did not receive notification and only discovered cancellation in June 2021 – where no review available in Administrative Appeals Tribunal – where appellants sought constitutional or other writ in original jurisdiction of High Court – where application dismissed by primary judge (Gordon J) – whether appeal lies of right from judgment of primary judge or whether leave to appeal required – whether primary judge erred in failing to find cancellation decision legally unreasonable and/or in breach of s 120 Migration Act where delegate found failure to respond to notice of intention to consider cancellation was “behaviour towards the Department” that weighed in favour of cancellation – whether primary judge erred in failing to find cancellation legally unreasonable because of failure by delegate to consider best interests of children – whether primary judge erred in failing to find delegate failed to consider legal consequences of cancellation decision on second and third appellants.