Full Court Minute Books

Case P2/2023

Minister for Immigration, Citizenship and Multicultural Affairs v. McQueen

Case No.

Case no P2/2023

Case Information

Lower Court Judgment

13/12/2022 Federal Court of Australia (Mortimer, Banks-Smith & O’Sullivan JJ)

[2022] FCAFC 199


Immigration – Visas – Mandatory cancellation – Representations to Minister to revoke cancellation – Relying on Departmental summary or synthesis of documents – Where respondent’s visa mandatorily cancelled pursuant to s 501(3A) of Migration Act 1958 (Cth) – Where s 501CA requires Minister to invite person affected by mandatory cancellation to “make representations to the Minister”, and empowers Minister to revoke such cancellation if “person makes representations in accordance with the invitation” and Minister satisfied, inter alia, that there is another reason why the original decision should be revoked – Where following notification of visa cancellation respondent submitted documents and former Minister personally decided not to revoke cancellation – Where primary judge found former Minister did not consider representation by respondent – Where Full Court upheld finding, and concluded that where Minister exercises power under s 501CA(4), Minister required to read actual documents submitted, and that Minister cannot rely on Departmental synthesis or summary of those documents – Whether Minister when required by statute to consider documents may rely on Departmental synthesis or summary of those documents.


10/01/2023 Application for special leave to appeal

11/08/2023 Hearing (SLA, Canberra by video connection)

29/09/2023 Written submissions (Applicant)

29/09/2023 Chronology (Applicant)

27/10/2023 Written submissions (Respondent)

10/11/2023 Reply

14/12/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

14/12/2023 Outline of oral argument (Applicant)

14/12/2023 Outline of oral argument (Respondent)

10/04/2024 Judgment (Judgment summary)