Verrill v Minister for Immigration, Citizenship and Multicultural Affairs

In Verrill v Minister for Immigration, Citizenship and Multicultural Affairs, the applicant sought an extension of time to bring an application for judicial review of a decision of the Administrative Appeals Tribunal (AAT). The AAT had affirmed a decision of a delegate of the Minister not to revoke the cancellation of the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth). The primary issue for the court was whether it was necessary in the interests of justice to grant the extension of time. Further, the court needed to decide whether the AAT overlooked a clearly articulated submission regarding the impact of the visa cancellation on Australian business interests, whether the AAT failed to consider the impact of the visa cancellation on Australian business interests, and whether the applicant was denied procedural fairness by not being informed of his right to invoke the privilege against self-incrimination.

The court found that the AAT overlooked a clearly articulated submission with respect to the impact of the visa cancellation on Australian business interests. The applicant had submitted that he had organised a future employment program with his son, and that he would be able to assist in his son’s roofing business, which would substantially benefit from his employment. The court held that the AAT was required to consider any impact on Australian business interests, even if it related to a small business. The court did not need to determine whether there was a breach of procedural fairness, as the application for judicial review had to be allowed for the reasons identified earlier. Consequently, the court granted the extension of time and allowed the application for judicial review. The court also issued a writ of certiorari and a writ of mandamus, and ordered the Minister to pay the applicant’s costs.