Broadbent v Minister for Home Affairs [2021] FCAFC 116 (29 June 2021) (Nicholas, Wigney and Anderson JJ)


Catchwords:


MIGRATION – where delegate of Minister cancelled applicant’s visa under s 501(3A) of Migration Act 1958 (Cth) (Act) – where Minister decided not to revoke cancellation – whether Minister lacked power under s 501CA of the Act to decide to not revoke the cancellation because decision to cancel visa made by delegate – Minister did not lack power under s 501CA of the Act

MIGRATION – whether Minister failed to properly consider whether applicant may be a citizen of Zambia and may therefore be returned to Zambia if visa cancellation decision not revoked – Minister not required to consider whether applicant was a citizen of Zambia

MIGRATION – whether in circumstances where applicant was represented and where applicant claimed to have been prevented from participating in hearing by video link Minister contravened s 256 of the Act – no contravention of s 256 of the Act

MIGRATION – where applicant required leave to file a notice of appeal out of time – leave refused – application dismissed