DOJ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, DOJ20, sought judicial review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to cancel his Resident Return (subclass 155) visa. The visa was cancelled under section 128 of the Migration Act 1958 (Cth) while the applicant was offshore, following two identity assessment reports that cast doubt on the information provided by the applicant. The applicant argued that the Minister improperly exercised the power under section 128 by cancelling the visa without notice, when alternative cancellation powers requiring notice were available. The matter was heard in the Federal Circuit Court of Australia before Judge Jarrett.

The primary legal issue before the Court was whether the Minister's decision to cancel the applicant's visa under section 128 of the Act, without providing notice to the applicant, was a proper exercise of the Minister's power. This involved considering the scope and application of section 128, particularly in circumstances where the visa holder was outside Australia and other cancellation provisions within the Act might have been invoked with notice. The Court also considered the applicant's explanations for the delay in seeking judicial review, which were based on alleged misrepresentations and misunderstandings regarding representation and the appeal process.

The Court dismissed the applicant's amended application. The reasoning for this dismissal is not detailed in the provided text, but the orders indicate that the applicant was unsuccessful in challenging the visa cancellation. The Court ordered that the applicant pay the respondent's costs of the application, fixed at $7,467.00.