Guo v Minister for Immigration and Citizenship & Anor

The applicants, Mr. Guo and others, sought judicial review of decisions made by the Minister for Immigration and Citizenship and the second respondent, the Director of the Department of Immigration and Citizenship. The dispute concerned the validity of certain notices issued under s 501(2) of the *Migration Act 1958* (Cth) (the Act), which purported to cancel the applicants' visas on character grounds. The applicants contended that the notices were invalid because they were not properly served in accordance with the requirements of the Act and the *Migration Regulations 1994* (Cth).

The primary legal issue before the Full Federal Court was whether the notices of cancellation, which were sent by ordinary post to addresses provided by the applicants, constituted valid service under the Act. Specifically, the Court had to determine if the Minister and the Director had complied with the procedural fairness obligations owed to the applicants, particularly in relation to the notification of the grounds for cancellation and the opportunity to respond. The Court also considered the interpretation of the service provisions within the *Migration Act* and *Migration Regulations*.

The Court reasoned that the service provisions in the *Migration Act* and *Regulations* were not merely directory but mandatory. It held that the Minister and the Director had failed to establish that the notices of cancellation were served in a manner that complied with the statutory requirements. The Court found that sending the notices by ordinary post to addresses that were not confirmed as current or effective for service did not satisfy the obligation to ensure the applicant was given notice of the grounds for cancellation and an opportunity to respond. This failure to comply with the statutory service requirements rendered the visa cancellation decisions invalid.

Consequently, the Court ordered that the applications for judicial review be allowed, and the decisions of the Minister and the Director to cancel the applicants' visas be set aside.