BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs

Immigration – Visas – Cancellation of visa – Revocation of cancellation of visa – Where appellant convicted of offences and sentenced to aggregate term of imprisonment – Where appellant's visa mandatorily cancelled on the basis of "substantial criminal record" under s 501(3A) of Migration Act 1958 (Cth) – Where appellant notified of cancellation and invited to make representations about revocation of cancellation decision within 28 days pursuant to s 501CA(3) of Migration Act ("notification") when appellant was receiving psychiatric care – Where appellant lacked legal capacity to make representations sought or to empower person to make decisions on his behalf at date of notification – Where appellant did not make representations sought within 28 days – Where guardian subsequently appointed to appellant pursuant to Guardianship and Administration Act 2019 (Vic) – Whether notification valid – Whether Minister discharged duty in s 501CA(3) at date of notification.

Words and phrases – "cancellation", "capacity", "character test", "constructively unperformed", "fit to plead", "guardian", "invitation", "notification", "practicable", "representations", "revocation", "soundness of mind", "substantial criminal record", "unable to be held criminally responsible", "vitiate".

Migration Act 1958 (Cth) – ss 501, 501CA.

Guardianship and Administration Act 2019 (Vic) – ss 3(1), 5, 22, 30.