Recent Cases

Minister for Immigration, Citizenship and Multicultural Affairs v EVE21 [2023] FCAFC 91 (13 June 2023) (Perram, Rofe and Feutrill JJ)


MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia – where trial judge found reg 2.55(3)(c) of the Migration Regulations 1994 (Cth) to be invalid – whether reg 2.55(3)(c) inconsistent with s 494A of the Migration Act 1958 (Cth) – whether the word ‘may’ in s 494A(1) confers a discretion – whether reg 2.55(3)(c) complied with – whether post office box address of prison is also post office box address of inmate for purposes of reg 2.55(3)(c)