Minister for Immigration and Citizenship v XMBQ

(2026) 315 FCR 207; [2026] FCAFC 19

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Interrogate

Catchwords

1. Administrative Law
2. › Statutory powers
3. › Implied temporal limitations
4. › Whether statutory power lapses if not exercised within reasonable time
5. › Distinction between jurisdiction and legality
6. › Whether delay extinguishes power or affects lawfulness of exercise
7. › Migration Act 1958 (Cth), s 501BA(2)
1. Immigration
2. › Visa cancellation
3. › Character grounds
4. › Ministerial override of Tribunal revocation decision
5. › Whether power under s 501BA(2) subject to implied time limit
6. › Whether power lapses after reasonable time
7. › Migration Act 1958 (Cth), ss 501, 501A, 501BA, 501CA
1. Administrative Law
2. › Apprehended bias
3. › Administrative decision-maker
4. › Irrelevant and prejudicial information before decision-maker
5. › Whether fair-minded lay observer might apprehend lack of impartiality
6. › Whether presence of criminal charge information in briefing material gave rise to reasonable apprehension of bias

Quick Take

The power under s 501BA(2) of the Migration Act does not lapse or expire if not exercised within a reasonable time after the Tribunal's decision to revoke a mandatory visa cancellation. There is no general rule of statutory construction that statutory powers enlivened by an event must be exercised within a reasonable time at pain of ceasing to exist. However, delay may be relevant to the implied condition of legal reasonableness governing the exercise of the power, and the question whether s 501BA(2) can properly be used in response to events occurring after the original decision was left open.