Recent Cases

BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91 (07 June 2021) (Rares, Banks-Smith and Jackson JJ)


MIGRATION – appeal from decision dismissing application for judicial review – decision by Minister not to revoke mandatory cancellation of appellant’s visa under s 501CA of the Migration Act 1958 (Cth) – appellant made representations out of time – Minister accepted that representations were made within time but later said that they were not – held: proper construction of Migration Act does not permit Minister to issue a second invitation to a person to make representations under s 501CA – appeal dismissed