Recent Cases

Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 (11 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where plaintiff’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where plaintiff made representations seeking revocation of cancellation decision under s 501CA(4) – Where representations raised potential breach of Australia’s international non‑refoulement obligations – Where delegate of Minister decided there was not “another reason” to revoke cancellation decision under s 501CA(4)(b)(ii) – Where delegate considered it unnecessary to determine whether non-refoulement obligations owed because plaintiff could make valid application for protection visa – Where delegate considered existence or otherwise of non-refoulement obligations would be fully assessed in course of processing protection visa application – Whether, in deciding whether there was “another reason” to revoke cancellation decision, delegate required to consider plaintiff’s representations raising potential breach of Australia’s non-refoulement obligations – Whether delegate failed to exercise jurisdiction conferred by s 501CA(4) – Whether delegate denied plaintiff procedural fairness – Whether delegate misunderstood Migration Act and its operation.

Words and phrases – “another reason”, “domestic law”, “due process”, “international non‑refoulement obligations”, “mandatory relevant consideration”, “procedural fairness”, “protection visa”, “read, identify, understand and evaluate”, “reasonable consideration”, “representations concerning non-refoulement”, “requisite level of engagement”.