EGH19 v. Minister for Immigration & Citizenship

Catchwords

Migration – application for Protection (Class XA) (Subclass 866) visa in 2017 – application initially refused and ultimately granted by delegate in 2022 – in 2024 protection visa cancelled by delegate under s501(3A) of the Migration Act – plaintiff sought revocation of cancellation decision - decision of delegate on 1 April 2025 not to revoke cancellation – plaintiff member of cohort affected by High Court’s decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 – on 1 April 2025 different delegate granted plaintiff a Bridging R (Class WR)(Subclass 070)(Bridging (Removal Pending)) visa with conditions and plaintiff released from immigration detention – amended application to quash delegate’s decision refusing to revoke cancellation of protection visa – whether delegate failed to have regard to relevant material in their ‘constructive possession’ – material provided by plaintiff to the Department at different times in  connection with previous decision-making – whether unreasonableness, irrationality or illogicality in delegate’s assessment of the protection of Australian community – whether delegate failed to have regard to the effectively inevitable legal consequence that plaintiff would be granted a Bridging R visa subject to mandatory conditions, breach of which would result in plaintiff being imprisoned