Immigration – Visas – Cancellation of visa – Where plaintiff held Temporary Protection (Class XD) (subclass 785) visa ("TPV") – Where plaintiff's TPV mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) ("Act") following conviction and imprisonment for offence – Where plaintiff made representations about reasons why mandatory cancellation of TPV should be revoked under s 501CA(4) of Act but Minister's delegate decided not to revoke cancellation – Where plaintiff released from immigration detention – Where plaintiff incorrectly believed cancellation of TPV revoked when plaintiff released under Bridging R (Class WR) (subclass 070) (Bridging (Removal Pending)) visa ("BVR") – Where BVR ceased pursuant to s 76AAA of Act when Republic of Nauru granted plaintiff permission to enter and remain – Where documents plaintiff gave Department of Home Affairs in support of representations included legal advice subject to legal professional privilege – Where delegate read and quoted from legal advice in delegate's reasons – Whether necessary in interests of administration of justice to grant extension of time under s 486A(2) of Act – Whether non-revocation decision void for jurisdictional error – Whether delegate did not properly confront legal consequences of non-revocation decision as required by Ministerial Direction 110 – Whether delegate misapplied para 8.5 of Ministerial Direction 110 – Whether use of legal advice by delegate without notice to plaintiff denied plaintiff procedural fairness or legally unreasonable.
Words and phrases – "certiorari", "constitutional writs", "expectations of the Australian community", "extension of time", "immigration detention", "irrational or unreasonable", "jurisdictional error", "legal advice", "legal consequences of decision", "legal professional privilege", "mandamus", "mandatory cancellation", "necessary in the interests of the administration of justice", "no real prospect of removal", "non-refoulement", "non-revocation", "practical injustice", "procedural fairness", "protection finding", "protection visa", "refugee", "relevant adverse material".
Judiciary Act 1903 (Cth), s 44.
Migration Act 1958 (Cth), ss 36(2)(a), 76AAA, 189, 195A, 197C(5)(a), 476(2), 476A, 486A, 499(2A), 501(3A), 501CA(4).
Migration Regulations 1994 (Cth), regs 2.08F, 2.20(18), 2.25AA(2), 2.25AB, Sch 2, cll 070.612(1), 070.612A(1).