BYN18 v Minister for Home Affairs [2019] FCA 1033

BYN18 v Minister for Home Affairs [2019] FCA 1033

The notification given to the Applicant on 4 April 2017 under s 501CA(3) of the Migration Act 1958 (Cth) merely communicated the substantive visa cancellation decision made under s 501(3A) and invited representations; it was not itself a migration decision or other decision susceptible of review by the Federal Circuit Court. The Federal Circuit Court was therefore correct to conclude that it lacked jurisdiction, and the Federal Court proceeding was dismissed.

Jurisdiction
Australia
Judgment Date
04 July 2019
Procedural Posture
Application for Relief Under Section 39 B Judiciary Act 1903 (cth) Seeking Review of a Federal Circuit Court Decision Concerning Migration Judicial Review Jurisdiction and Extension of Time / Final Judgment
Outcome
Proceeding dismissed with costs.
Legal Topics
['visa Cancellation on Character Grounds' 'substantial Criminal Record' 'notification of Visa Cancellation' 'migration Decision' 'federal Circuit Court Jurisdiction' 'extension of Time']
['migration' 'administrative Law' 'judicial Review'] ['visa Cancellation on Character Grounds' 'substantial Criminal Record' 'notification of Visa Cancellation' 'migration Decision' 'federal Circuit Court Jurisdiction' 'extension of Time']

Case Brief

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Procedural Posture

Application for Relief Under Section 39 B Judiciary Act 1903 (cth) Seeking Review of a Federal Circuit Court Decision Concerning Migration Judicial Review Jurisdiction and Extension of Time / Final Judgment

Legal Issues

  1. 1 ['Whether notification under s 501CA(3) of a visa cancellation decision made under s 501(3A) of the Migration Act 1958 (Cth) is a migration decision susceptible of review by the Federal Circuit Court of Australia.' 'Whether the Federal Circuit Court erred in concluding that it lacked jurisdiction to review the notification given to the Applicant on 4 April 2017.' 'Whether the Federal Circuit Court decision dismissing the proceeding should be set aside.']

Ratio Decidendi

The notification given to the Applicant on 4 April 2017 under s 501CA(3) of the Migration Act 1958 (Cth) merely communicated the substantive visa cancellation decision made under s 501(3A) and invited representations; it was not itself a migration decision or other decision susceptible of review by the Federal Circuit Court. The Federal Circuit Court was therefore correct to conclude that it lacked jurisdiction, and the Federal Court proceeding was dismissed.

Court Disposition

Proceeding dismissed with costs.

Orders

  • ['The proceeding is dismissed.' 'The Applicant is to pay the costs of the First Respondent, either as agreed or assessed.']