Recent Cases

McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 152 (23 August 2021) (Allsop CJ, Besanko and Mortimer JJ)


MIGRATION – cancellation of visa and refusal to revoke cancellation of the appellant’s visa – where appellant resided in Australia for the majority of his life – where appellant issued a passport and entered onto the electoral roll – whether Commonwealth executive represented to the appellant that he was accepted as an Australian citizen – whether Minister estopped from treating the appellant as a non-citizen – principles relating to the availability of equitable estoppel in public law – whether appellant fell within the terms of the Immigration (Guardianship of Children) Act 1946 (Cth) (IGOC Act) – whether Minister breached any obligation owed to the appellant under the IGOC Act

PRACTICE AND PROCEDURE – nature of the relief sought against the Minister – appropriate relief – whether quia timet injunction lay against the Minister preventing him from treating the appellant as a non-citizen – whether a writ ne exeat regno, or ne exeat colonia open to be issued to prevent Minister’s removal of the appellant