Plaintiff M19A-2024 v Minister for Immigration and Multicultural Affairs
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What was at stake
High Court case involving challenge to decision by Minister for Immigration and Multicultural Affairs, with pseudonym plaintiff designation indicating protection visa or asylum matter.
What the court decided
The High Court (Gageler CJ, Steward, Gleeson, Jagot and Beech-Jones JJ) held that the delegate's 19 December 2019 decision to cancel the first appellant's Protection (Class XA) (subclass 866) visa was affected by jurisdictional error, because the delegate took into account adversely the first appellant's failure to respond to a Notice of Intention to Consider Cancellation that he had never received owing to a change of address. The Minister conceded the jurisdictional error and the Court made orders by consent. The Court allowed the appeal, set aside the orders of Gordon J of 18 October 2024, issued a writ of certiorari quashing the cancellation decision, and declared that the second and third appellants' visas were not cancelled by operation of s 140 of the Migration Act 1958 (Cth).
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