Recent Cases

Minister for Immigration and Citizenship v XMBQ [2026] FCAFC 19 (09 March 2026) (Bromwich, Thawley and Kennett JJ)


Catchwords:


ADMINISTATIVE LAW – MIGRATION – appeal from orders setting aside Minister’s decision – where the respondent arrived in Australia as a holder of a Class XB Subclass 200 Refugee visa – where the respondent was convicted of multiple offences – where the respondent’s visa was cancelled – where the then Administrative Appeals Tribunal (the Tribunal) decided to revoke a decision to cancel the respondent’s visa – where the respondent’s visa was cancelled by the Minister exercising his power under s 501BA(2) of the Migration Act 1958 (Cth) – where the Minister’s decision was made almost 38 months after the Tribunal’s decision – whether s 501BA(2) is subject to an implied temporal limitation – whether an implied temporal limitation in s 501BA(2) would be relevant to jurisdiction or legality – whether the Minister’s decision was affected by a reasonable apprehension of bias