Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123

FEDERAL COURT OF AUSTRALIA

Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123 Citation: Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123

Appeal from: Jagroop v Minister for Immigration and Border Protection [2013] FCA 1287

Parties: AMITESH BALI CHAND JAGROOP v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 199 of 2014

Judges: DOWSETT, MURPHY AND WHITE JJ

Date of judgment: 23 September 2014

Catchwords: MIGRATION – appeal from dismissal of judicial review application from Administrative Appeals Tribunal – procedural fairness – whether appellant was denied procedural fairness by Tribunal's refusal to re-open case to receive evidence – whether appellant was denied procedural fairness by Tribunal's reference to adverse material to which appellant was not alerted – whether statutory provisions precluded any response from appellant to said adverse material – whether relief would be futile.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 23B, 28, 29, 32, 33, 35, 39, 40, 43 Migration Act 1958 (Cth) ss 54, 476A, 499, 500, 501, 501G Direction No 55 – Visa refusal and cancellation under s 501

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72, (2005) 225 CLR 88 Bushell v Repatriation Commission (1992) 175 CLR 408 Dagli v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 298; (2003) 133 FCR 541 Daw v Minister for Immigration and Citizenship [2012] FCAFC 123 De Simone v Commissioner of Taxation [2009] FCAFC 181 Demillo v Minister for Immigration and Border Protection [2013] FCAFC 134 Goldie v Minister for Immigration and Multicultural Affairs [2001] FCA 1318; (2001) 111 FCR 378 House v The King (1936) 55 CLR 499 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Kioa v West (1985) 159 CLR 550 Milne v Minister for Immigration and Citizenship [2010] FCA 495 Milne v Minister for Immigration and Citizenship [2011] FCAFC 41 Mordechai v Minister for Immigration and Citizenship [2011] FCA 986; (2011) 196 FCR 509 NBNB v Minister for Immigration and Border Protection [2014] FCAFC 39, (2014) 307 ALR 90 NZA v Minister for Immigration and Citizenship [2013] FCA 140 O'Sullivan v Repatriation Commission [2003] FCA 387 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; (2014) 219 FCR 504 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re: Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1 Re: Refugee Review Tribunal; Ex Parte Aala [2000] HCA 57, (2000) 204 CLR 82 Saeed v Minister for Immigration and Citizenship [2009] FCAFC 41 Scorgie v Minister for Immigration and Citizenship [2008] FCAFC 101 Secretary of the Department of Veteran's Affairs v Studdert [2001] FCA 1642 Stead v State Government Insurance Commission (1986) 161 CLR 141 Sullivan v Department of Transport (1978) 20 ALR 323 SZBYR v Minister for Immigration and Citizenship (2007) HCA 26; [2007] 235 ALR 609 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2; (2006) 150 FCR 214 Toro Martinez v Minister for Immigration and Citizenship [2009] FCA 528; (2009) 256 ALR 32 Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1069 Uelese v Minister for Immigration and Citizenship [2013] FCAFC 86 Williams v Minister for Immigration and Border Protection [2014] FCA 674 Winch v Repatriation Commission (1999) FCA 408