Recent Cases

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ)


Catchwords:


Immigration – Visas – Cancellation of visa – Revocation of cancellation decision – Where respondent’s visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where Minister provided by Department of Home Affairs with submission summarising respondent’s representations, draft statement of reasons, copies of respondent’s representations and other relevant material – Where Minister decided to personally exercise power under s 501CA(4) to revoke cancellation decision – Where Minister decided not to revoke cancellation decision – Where Minister read only departmental submission and draft statement of reasons – Where s 501CA(4) obliges Minister to “read, identify, understand and evaluate” representations – Whether Minister required to personally read some or all of respondent’s representations to form state of satisfaction whether “another reason” existed to revoke cancellation of respondent’s visa – Whether Minister entitled to rely upon summary of representations contained in departmental submission – Whether summary provided adequate and accurate.

Words and phrases – “another reason”, “cancellation decision”, “directly consider”, “duty of consideration”, “jurisdictional error”, “personally examine”, “personally exercise”, “read, identify, understand and evaluate”, “representation”, “revocation”, “submission”, “summary”, “visa”.