Federal Court. Can it be said that, "s 501(2) of the Act carries an implied temporal limitation, namely that once a NOICC is issued, the Minister must decide whether to cancel the visa within a reasonable time"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: In deciding under s 501(2) of the Migration Act 1958 (Cth) to cancel a visa, can it be said that, "once it is accepted that the Minister took into account that the applicant would be permanently excluded from Australia, a necessary inference is that the Minister considered that there was no legal pathway for the applicant to obtain another visa while he was inside or outside the migration zone", with the result that the Minister took into account the legal consequence of his decision under s 501E that the applicant would be prevented from making any further visa application other than a protection visa or specified visa while in the migration zone?
Question 2: Can it be said that, "s 501(2) of the Act carries an implied temporal limitation, namely that once a NOICC is issued, the Minister must decide whether to cancel the visa within a reasonable time"?
The FCA answered those questions as follows: