XAD (by her litigation guardian XAE) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 12 (16 February 2021) (Flick, White and Charlesworth JJ)


Catchwords:


MIGRATION – judicial review – appeal from decision of a single judge of the Court concerning the application of s 46A of the Migration Act 1958 (Cth) in the case of a child born in Australia to unauthorised maritime arrivals – the criteria for the lifting of the bar required to exist at the time of the visa application – appeal dismissed.

MIGRATION – the requirement for procedural fairness in the steps taken by the Department after a decision by the Minister to consider whether to exercise the powers of Ministerial intervention under s 46A – whether the Minister had decided to consider exercising his powers to lift the bar – cross‑appeal dismissed.