XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6 (03 February 2022) (Rares, Yates and Snaden JJ)


Catchwords:


MIGRATION – where Administrative Appeals Tribunal had no jurisdiction under s 500(1)(b) to review s 501(3A) decision to cancel visa in a review of delegate’s decision under s 501CA not to revoke cancellation – whether mandatory cancellation of visa under s 501(3A) must be legally effective before Minister can exercise duty and power under s 501CA to give notice and consider revocation of cancellation – whether duty to cancel visa under s 501(3A) can be re-exercised after a previous cancellation based on same failure to pass character test under s 501(3A)(a) had been revoked under s 501CA(4) – whether legally effective cancellation of visa under s 501(3A) must exist as jurisdictional fact before Minister can exercise duty to give notice and exercise power under s 501CA to consider revoking that cancellation – whether power to consider revocation under s 501CA(4) attracts principle in Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 to “cure” legally ineffective cancellation under s 501(3A)

HIGH COURT AND FEDERAL COURT – jurisdiction of Federal Court – constitutional writs – where application to review decision of Tribunal under s 500(1)(b) involved collateral attack on purported privative clause decision under s 501(3A) – whether Federal Court can grant relief in exercise of jurisdiction under s 476A(1)(b) to review decision of Tribunal purportedly made under s 501CA(4) not to revoke legally ineffective s 501(3A) cancellation decision