Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Home Affairs [2019] FCAFC 128 Appeal from: Nguyen v Minister for Immigration and Border Protection [2019] FCA 423
File number: NSD 554 of 2019
Judges: JAGOT, ROBERTSON AND FARRELL JJ
Date of judgment: 9 August 2019
Catchwords: MIGRATION – decision of Minister, personally exercising the power under s 501BA of the Migration Act 1958 (Cth), to set aside revocation decision and to cancel the appellant's spouse visa – whether Minister's finding that there was an ongoing likelihood the appellant will re-offend was legally unreasonable – whether the Minister formed the view that he was precluded from inviting the appellant to make submissions or provide further material and thereby misunderstood the operation of s 501BA – Ibrahim v Minister for Home Affairs [2019] FCAFC 89 applied PRACTICE AND PROCEDURE – appeal from a single judge of the Court – whether leave should be granted to rely on an amended notice of appeal PRACTICE AND PROCEDURE – appeal from a single judge of the Court – whether Full Court should exercise its discretion to receive further evidence
Legislation: Migration Act 1958 (Cth) s 501BA
Cases cited: Coulton v Holcombe [1986] HCA 33; 162 CLR 1 CSF17 v Minister for Home Affairs [2019] FCA 569 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 359 ALR 1 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; 255 FCR 81 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; 191 CLR 559 Ogbonna v Minister for Immigration and Border Protection [2018] FCA 620; 261 FCR 385 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1
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