EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCAFC 173

Full Court of the Federal Court27 September 2021

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Catchwords

1. Migration
2. › Visa cancellation
3. › Mandatory cancellation under s 501(3A)
1. Migration
2. › Revocation of cancellation
3. › Notification under s 501CA(3) — invitation to make representations
1. Migration
2. › Statutory construction
3. › Meaning of 'made representations' — whether 'dispatched' or 'received'
1. Practice and Procedure
2. › Intermediate appellate courts
3. › When earlier Full Court decision 'plainly wrong'

Quick Take

Notification letters stating representations must be 'received' within 28 days are invalid under EFX17 and Stewart, and 'made representations' means dispatched, not received.

Case Details

Citation[2021] FCAFC 173

Reported388 ALR 351

CourtFCAFC

JurisdictionCommonwealth

Decision Date27 September 2021

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Cited by15

2026Lynn v Minister for Immigration and CitizenshipFedCFamC2G 253
2023BIF23 v Minister for Immigration, Citizenship and Multicultural AffairsFCAFC 201
2023CZQL v Minister for Immigration, Citizenship, Migrant Services and Multicultural AffairsFCA 1610
2023EBH22 v Minister for Immigration, Citizenship and Multicultural AffairsFedCFamC2G 692
and 11 more after sign-in

Relies on25

2021Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19FCAFC 153
2021Chetcuti v Commonwealth of AustraliaHCA 25
2021BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural AffairsFCAFC 91
2021Zhang v Commissioner of PoliceHCA 16
and 21 more after sign-in

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