Minister for Immigration and Border Protection v. EFX17

Lower Court Judgment

16/12/2019 Federal Court of Australia (Greenwood, Rares and Logan JJ)

[2019] FCAFC 230

Catchwords

Migration law –Visa cancellation –Character test –Migration Act 1958(Cth) ss496,501, 501CA –Notice of cancellation –Where Minister’s delegate made decision under s 501(3A) to cancel respondent’s protection visa while respondent serving sentence of imprisonment –Where pursuant to duties in s 501CA(3) Minister caused to be given to respondent written notice containing notification of cancellation decision, relevant information as to reason for decision, and invitation to make representations about revocation of cancellation decision–Where notice given to respondent by officer of Queensland Corrective Services –Where respondent commenced proceedings in Federal Circuit Court challenging validity of notice –Where Circuit Court dismissed challenge –Where appeal to Full Court of Federal Court allowed by majority –Whether Minister, in performing duties under s 501CA(3), must have regard to matters relating to former visa holder’s capacity, including literacy, capacity to understand English, mental capacity and health, and facilities available to them in custody–Whether fulfilment of duties in s 501CA(3) dependent on former visa holder’s ability to comprehend notice, particulars, and invitation to make representations –Whether valid performance of duties in s 501CA(3) conditional on person performing them holding delegated authority under s 496(1) or whether s 497 applicable