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Federal and Full Federal Court Migration decisions December 2019

HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202
Full Court of the Federal Court of Australia
McKerracher, Derrington & Colvin JJ
Migration law - appellant's protection visa was subject of 'mandatory cancellation' under s501(3A) Migration Act 1958 (Cth) (Migration Act) (cancellation decision) - Minister's delegate declined to revoke cancellation decision under s501CA(4) Migration Act - appellant contended Administrative Appeals Tribunal erred in concluding it could not examine facts on which appellant's criminal conviction was based or 'receive evidence' inconsistent with or contradictory of evidence which District Court of Western Australia had relied on in appellant's conviction and sentence - whether Tribunal correct to find it could not entertain evidence on which appellant sought to rely - whether primary judge erred in failing to find jurisdictional error by Tribunal arising from its constructive failure to exercise jurisdiction and/or its 'irrational or illogical' factual finding - held: appeal dismissed.
AAM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1951
Federal Court of Australia
Mortimer J
Migration law - Minister's delegate refused to grant appellant a Protection (Class XA) visa - Refugee Review Tribunal affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - whether Federal Circuit Court had admitted into evidence appellant's affidavit and Court Book containing evidence relevant to Tribunal's decision - whether 'unfairness' in Federal Circuit Court's process - whether procedural unfairness arising from appellant's lack of access to reasons of Federal Circuit Court - held: no error in Federal Circuit Court's approach to exercise of 'supervisory jurisdiction' concerning decision-making of Tribunal - however 'no version' of Federal Circuit Court's reasons, given when it pronounced its orders, was accessible to appellant until 'more than a month' after notice of appeal filed - denial of procedural fairness established - appeal allowed - matter remitted.
Somjich v Minister for Home Affairs [2019] FCA 1921
Federal Court of Australia
Rangiah J
Migration law - Minister's delegate refused to grant appellant a Partner (Residence) (Class BS) visa (Permanent Partner visa) - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - appellant contended he was denied natural justice on basis Tribunal had sent an 'invitation to comment upon information to the wrong email address' - appellant also sought leave to raise ground of appeal that Tribunal had 'failed to consider centrally important evidence' - error by appellant's former counsel in deciding not argue ground of appeal on which appellant now sought to rely - ss357A, 359A & 379A Migration Act 1994 (Cth) held: Tribunal failed to consider 'centrally relevant evidence' - jurisdictional error established - appeal allowed.
BIR18 v Minister for Immigration & Anor [2019] FCCA 3291
Federal Circuit Court of Australia
Judge Mercuri
Migration law - Minister's delegate refused to grant applicant a protection visa - Immigration Assessment Authority affirmed delegate's decision - applicant, by application in a case, sought reinstatement of judicial review application in respect of Immigration Assessment Authority's decision - factors in MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 - whether 'arguable case' - held: Court satisfied that one of applicant's grounds was 'at least arguable' - reinstatement application granted.

Source:  Benchmark

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