EFX17 v Minister for Immigration

The applicant, EFX17, sought judicial review of a decision by the Minister for Immigration concerning the mandatory cancellation of their visa under section 501(3A) of the *Migration Act 1958* (Cth). The core of the dispute revolved around the subsequent requirement for the Minister to "give" a notice under section 501CA(3)(a) of the Act, and whether the act of giving this notice constituted a "decision" that was amenable to review. The applicant contended that the giving of this notice was invalid, and further argued that the notice was deemed to have been received. The matter was heard by Judge Egan in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were: (1) whether the act of giving the original visa cancellation notice under section 501CA(3)(a) was a reviewable "decision"; (2) whether the notice was validly given, considering the method of giving notice and whether the personal characteristics of the recipient should be taken into account in determining the appropriate method; and (3) whether the Minister's refusal to re-issue the notice was lawful.

Judge Egan reasoned that the giving of a notice under section 501CA(3)(a) is a procedural step mandated by the Act, not a substantive "decision" that determines the rights or obligations of the visa holder in a way that is amenable to merits review. The court found that the Minister had complied with the requirements for giving notice, and that the method employed was appropriate. The personal characteristics of the recipient were not a relevant consideration for the *manner* in which the notice was to be given, but rather for the content of the notice itself. Consequently, the application for review was dismissed.