Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112

FEDERAL COURT OF AUSTRALIA

Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112 Appeal from: Chetcuti v Minister for Immigration and Border Protection [2018] FCA 477

File number: NSD 1114 of 2018

Judges: MURPHY, RANGIAH AND O'CALLAGHAN JJ

Date of judgment: 2 July 2019

Catchwords: MIGRATION – appeal from a decision of a single judge of this Court - decision of the Minister, made personally, to cancel a visa on character grounds– whether the Minister gave proper, genuine and realistic consideration to the materials provided by the Department - whether the appellant established on the balance of probabilities that the Minister's consideration of the materials took only eleven minutes – whether the primary judge should have drawn a Jones v Dunkel from the failure of the Minister or a member of his staff to give evidence as to when the Minister's consideration of the materials commenced - whether the primary judge failed to accord procedural fairness to the appellant, a self-represented litigant, by not informing him that he could seek further discovery from the Minister concerning how or when the decision was made; ask the Court to draw inferences from the Minister's failure to put on evidence about what the Minister did to consider the decision; and ask the Court to issue subpoenas to the Minister and/or others to give evidence

Legislation: Migration Act 1958 (Cth)

Cases cited: Blatch v Archer (1774) 1 Cowp 63 Burgess v Minister for Immigration and Border Protection [2018] FCA 69 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Citibank Ltd v Federal Commissioner of Taxation (1988) 83 ALR 144 Commonwealth v Fernando (2012) 200 FCR 1 G v H (1994) 181 CLR 387 Girlock (Sales) Pty Ltd v Hurrell (1982) 149 CLR 155 Hamod v New South Wales [2011] NSWCA 375 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 Haneef v Minister for Immigration (2007) 161 FCR 40 Henderson v Queensland (2014) 255 CLR 1 Jeray v Blue Mountain City Council (No 2) [2010] NSWCA 367 Jones v Dunkel (1959) 101 CLR 298 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Lebanese Moslem Association v Minister for Immigration and Ethnic Affairs (1986) 11 FCR 543 Minister for Aboriginal and Torres Strait Islander Affairs v Western Australia (1996) 67 FCR 40 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration v Jia Legang (2001) 205 CLR 507 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445 SZVCP v Minister for Immigration and Border Protection (2016) 238 FCR 15 Trustees of the Property of Cummins (A Bankrupt) v Cummins (2006) 227 CLR 278