McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2)

The case of McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) involved an application for judicial review of the Minister's decision under section 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of the applicant's visa. The applicant argued that the Minister had failed to consider his historical ties to Australia, his belief that he was an Australian citizen, and other relevant factors in making the decision. The applicant also claimed that the Minister's decision was unfair and unreasonable.

The primary legal issues in the case were whether the Minister had acted unreasonably by failing to consider the applicant's historical ties to Australia, his belief that he was an Australian citizen, and other relevant factors in making the decision, and whether the Minister's decision was legally unreasonable because of its unfairness and the failure to consider "another reason" for revocation. The court also considered whether equitable principles could apply to the Minister's statutory discretion.

The court found that the Minister had acted with legal unreasonableness by failing to consider the applicant's representations regarding his claim to be an Australian citizen and the applicant's representation that he only learned he was on a visa after its cancellation. The court held that the Minister's decision was legally unreasonable because of its unfairness and the failure to consider "another reason" for revocation. The court also found that equitable principles could apply to the Minister's statutory discretion and that the Minister's failure to consider the applicant's representations regarding his claim to be an Australian citizen and the applicant's representation that he only learned he was on a visa after its cancellation was a breach of the principles of equity.

The court set aside the Minister's decision and remitted the applicant's application for revocation of a decision made on 23 April 2018 to cancel the applicant's Absorbed Person Visa under s 501(3A) of the Migration Act 1958 (Cth) to the respondent to be determined according to law. Costs were reserved.