EXT20 v Minister for Home Affairs [2022] FCAFC 72 (05 May 2022) (Mortimer, Wigney and Snaden JJ)


Catchwords:


MIGRATION – appeal – refusal to revoke mandatory cancellation of appellant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) – where appellant made representations about risk of harm if returned to country of nationality – representations made within the prescribed period but after receipt of a notice under s 501CA(3) that misrepresented the prescribed period – where Minister concluded that he was unable to make a finding about the appellant’s claim to fear harm due to a lack of detail and supporting evidence – whether primary judge erred in not finding that failure to consider the appellant’s claims was a breach of procedural fairness – whether primary judge erred in not finding that failure to notify appellant of the lack of detail and supporting evidence was a breach of procedural fairness – whether erroneous invitation for representations meant that Minister lacked power to refuse to revoke the mandatory cancellation decision – appeal dismissed