McDade v Minister for Immigration and Multicultural Affairs

The matter before the court involved the applicant, a British citizen who migrated to Australia with his family, and the Minister for Immigration and Multicultural Affairs. The applicant's visa was cancelled by a delegate of the Minister, and this decision was affirmed by the Immigration Review Tribunal. The applicant sought judicial review of the Tribunal's decision, challenging the legality, rationality, and procedural fairness of the decision. The court was required to determine whether the Tribunal's decision was beyond its jurisdiction and if the Minister's decision to cancel the applicant's visa was unlawful.

The court found that the applicant's submissions for the respondent were correct in contending that all of the grounds of relief under s 39B of the Judiciary Act were beyond jurisdiction. However, the court did find that the applicant succeeded on the first ground of the amended application for an order to review. The court concluded that the amended application under s 39B of the Judiciary Act 1903 (Cth) be dismissed, but the amended application for an order of review be allowed. The decision of the Immigration Review Tribunal to affirm the delegate's decision to cancel the applicant's Transitional (Permanent) visa was set aside, and the matter was remitted to the Migration Review Tribunal to be decided in accordance with the law. Costs were reserved.

The court ordered that the amended application under s 39B of the Judiciary Act 1903 (Cth) be dismissed, the amended application for an order of review be allowed, and the decision of the Immigration Review Tribunal be set aside. The matter was remitted to the Migration Review Tribunal to be decided in accordance with the law, and costs were reserved.