Federal Court. In the context of s 501BA(2) of the Migration Act 1958 (Cth), was it legally unreasonable for the Minister not to honour promise to consider representations?
The Minister made a personal decision under s 501BA(2) of the Migration Act 1958 (Cth) to cancel the Applicant's visa and set aside a Tribunal decision which had revoked (s 501CA(4)) the mandatory cancellation (s 501(3A)) of the Applicant's visa.
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: If the Minister did not consider the submissions and evidence advanced by the Applicant, did this render the decision legally unreasonable?
Question 2: Was it a mandatory consideration that the Minister's decision to set aside the Tribunal’s decision and cancel the applicant’s visa under s 501BA(2) had the effect of depriving the applicant of “the fruits of his four years of pursuing merits and judicial review of the original cancellation decision”?
The FCA answered those questions as follows: