Lewis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 521

Lewis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 521

Given the parties' position and the applicant's detention, and because it was at least arguable on the Full Court authority in EXT20 that the delegate's non-revocation power was enlivened by the making and consideration of representations despite invalid notices, the appropriate further relief was to remit the applicant's Tribunal review application to the Tribunal to be determined according to law.

Jurisdiction
Australia
Judgment Date
08 May 2022
Procedural Posture
Migration Judicial Review Concerning a Tribunal Decision About Non Revocation of Mandatory Visa Cancellation Under S 501 Ca(4) of the Migration Act 1958 (cth) / Further Relief Following Reasons Delivered on 15 March 2022; Determined on the Papers
Outcome
Matter remitted to the Administrative Appeals Tribunal to be determined according to law.
Legal Topics
['mandatory Cancellation of Visa' 'non Revocation Decision' 'validity of Invitation to Make Representations' 'administrative Appeals Tribunal Jurisdiction or Power' 'remitter' 'mandamus']
['migration Law' 'administrative Law'] ['mandatory Cancellation of Visa' 'non Revocation Decision' 'validity of Invitation to Make Representations' 'administrative Appeals Tribunal Jurisdiction or Power' 'remitter' 'mandamus']

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Procedural Posture

Migration Judicial Review Concerning a Tribunal Decision About Non Revocation of Mandatory Visa Cancellation Under S 501 Ca(4) of the Migration Act 1958 (cth) / Further Relief Following Reasons Delivered on 15 March 2022; Determined on the Papers

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal has jurisdiction or power to review a delegate's decision not to revoke a mandatory visa cancellation where no valid invitation to make representations under s 501CA(3) was given." 'Whether representations arguably made outside the time prescribed by reg 2.52 of the Migration Regulations 1994 (Cth) prevented the exercise of the non-revocation power under s 501CA(4).' "What further relief should be ordered after the Tribunal's decision was set aside."]

Ratio Decidendi

Given the parties' position and the applicant's detention, and because it was at least arguable on the Full Court authority in EXT20 that the delegate's non-revocation power was enlivened by the making and consideration of representations despite invalid notices, the appropriate further relief was to remit the applicant's Tribunal review application to the Tribunal to be determined according to law.

Court Disposition

Matter remitted to the Administrative Appeals Tribunal to be determined according to law.

Orders

  • ['Further to the orders of the Court made on 15 March 2022, the application for review made by the applicant to the second respondent on 2 September 2020 be remitted to the second respondent to be determined according to law.']