s 501CA(4): when does time for making representation start to run?

Federal Court. s 501CA(3)(a) required Minister to notify non-citizen that visa had been mandatorily cancelled under s 501(3A). s 501CA(4)(b) required Minister to invite non-citizen to make representations seeking revocation of visa cancellation within period prescribed by regulations. Reg 2.52 set out a period of 28 days after the person is given the notice and the particulars of relevant information under s 501CA(3)(a). When do 28 days start to run? Minister gave notice & made invitation on 22 Jun 2017, but Applicant only made representations on 4 Sep 2017. On 11 April 2019, DHA emailed the Applicant a personal circumstances form, giving him 28 days to respond. Did that email constitute a fresh invitation such as to recommence the running of time and re-enliven the Minister’s power? Can Minister consider late representations?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: When do the 28 days under r 2.52 of the Migration Regulations 1994 (Cth) start to run? 

Question 2: Did the Department email's of 11 Apr 2019 constitute a fresh invitation such as to recommence the running of time and re-enliven the Minister’s power?

Question 3: Can the Minister consider later representations?

Question 4: If the answer to Question 3 is "no", does the fact that the Minister made a decision on the basis that s 501CA(4)(a) was satisfied and that s 501CA(4)(b) was not make any difference?

The FCA answered those questions as follows:

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