Administrative law – Judicial review − Where plaintiff's Protection (Class XA) (Subclass 866) visa cancelled on character grounds ("Cancellation Decision") − Where plaintiff made representations to Minister seeking revocation of Cancellation Decision referring to material already held by Department − Where no real prospect of plaintiff being removed from Australia in reasonably foreseeable future − Where delegate decided not to revoke Cancellation Decision ("Non-revocation Decision") − Where plaintiff granted Bridging R (Subclass 070) visa ("BVR") − Whether Non-revocation Decision affected by jurisdictional error − Whether failure to have regard to information provided by plaintiff in connection with previous decision-making – Whether cancellation of protection visa would remove risk posed by plaintiff to Australian community in circumstances where plaintiff would be released on BVR.
Words and phrases – "cancellation decision", "character grounds", "constitutional writ", "extension of time", "illogically", "irrationally", "judicial review", "jurisdictional error", "legal consequences", "non-revocation decision", "no real prospect of removing", "protection visa", "reasonably foreseeable future", "risk to the Australian community", "unlawful non‑citizen", "unreasonably".
Migration Act 1958 (Cth), ss 189, 196, 197C(3), 198, 486A, 501(1), 501(3A), 501CA(4).