XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In the case of XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the appellant, a non-citizen, challenged the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his visa under s 501(3A) of the Migration Act 1958 (Cth). The legal issues the court had to decide involved the jurisdiction of the Administrative Appeals Tribunal (AAT) and the Federal Court to review decisions under s 501(3A) and s 501CA of the Act, the requirement for a legally effective visa cancellation decision before the Minister can exercise the power to revoke that cancellation, and whether the power under s 501CA can be used to "cure" a legally ineffective cancellation decision. The court held that a legally effective visa cancellation decision under s 501(3A) is a jurisdictional fact that must exist before the Minister can exercise the power under s 501CA to revoke that cancellation. The court also held that the power under s 501CA does not attract the principle in Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 to "cure" a legally ineffective cancellation decision. The court further held that the Federal Court has jurisdiction to review a decision of the AAT not to revoke a legally ineffective s 501(3A) cancellation decision, and that this jurisdiction is the same as that of the High Court under s 75(v) of the Constitution. The court made orders for the parties to confer and file draft orders to give effect to the reasons for judgment, and to stand over the appeal for the making of final orders.