Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174 (27 September 2021) (Yates, Griffiths and Moshinsky JJ)


Catchwords:


MIGRATION – appeal from a decision of a single Judge of the Federal Court of Australia dismissing the appellant’s application for judicial review of a decision of the Administrative Appeals Tribunal – where Administrative Appeals Tribunal upheld a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs under s 501CA(4) of the Migration Act 1958 (Cth) to refuse to revoke the cancellation of the appellant’s visa – meaning of the words “given the notice” in reg 2.52(2)(b) of the Migration Regulations 1994 (Cth) – whether invitation given to appellant under s 501CA(3)(b) of the Act inconsistent with the requirement of reg 2.52(2)(b) – whether reg 2.55 or reg 5.02 applied to the giving of the invitation – whether the appellant was in immigration detention at the time the invitation was given – whether the invitation was invalid in light of Minister for Immigration and Border Protection v EFX17 [2021] HCA 9; 338 ALR 351 and Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 – whether the appellant had “made” his representations to the Minister within 28 days