BYN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 67

BYN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 67

Because the Minister accepted that the notice of visa cancellation issued on 4 April 2017 and given on 5 April 2017 was not an invitation under s 501CA(3)(b) of the Migration Act 1958 (Cth), that concession provided a sufficient basis to conclude that the orders below were made in error and the appeal should be allowed.

Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit and Family Court of Australia (division 2) Determined by Consent Orders
Outcome
Appeal allowed; Orders 2 and 3 of the Federal Circuit and Family Court of Australia (Division 2) dated 22 September 2021 set aside; declaration made that the notice of visa cancellation was invalid; costs ordered as specified.
Legal Topics
['visa Cancellation' 'invalid Notice' 's 501 Ca(3)(b) Invitation' 'appellate Jurisdiction' 'consent Orders']
['migration' 'administrative and Constitutional Law and Human Rights'] ['visa Cancellation' 'invalid Notice' 's 501 Ca(3)(b) Invitation' 'appellate Jurisdiction' 'consent Orders']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From the Federal Circuit and Family Court of Australia (division 2) Determined by Consent Orders

Legal Issues

  1. 1 ['Whether the notice of visa cancellation issued on 4 April 2017 and given to the appellant on 5 April 2017 complied with s 501CA(3)(b) of the Migration Act 1958 (Cth).' 'Whether the Federal Court had jurisdiction and a sufficient basis to set aside Orders 2 and 3 of the Federal Circuit and Family Court of Australia (Division 2).']

Ratio Decidendi

Because the Minister accepted that the notice of visa cancellation issued on 4 April 2017 and given on 5 April 2017 was not an invitation under s 501CA(3)(b) of the Migration Act 1958 (Cth), that concession provided a sufficient basis to conclude that the orders below were made in error and the appeal should be allowed.

Court Disposition

Appeal allowed; Orders 2 and 3 of the Federal Circuit and Family Court of Australia (Division 2) dated 22 September 2021 set aside; declaration made that the notice of visa cancellation was invalid; costs ordered as specified.

Orders

  • ['The appeal be allowed.' "Orders 2 and 3 of the Orders of the Federal Circuit and Family Court of Australia (Division 2) dated 22 September 2021 be set aside and in lieu thereof it be ordered that: (a) The Court declares that the notice of visa cancellation issued by the respondent's department on 4 April 2017, and...