Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Karan v Minister for Home Affairs [2019] FCAFC 139 Appeal from: Karan v Minister for Home Affairs [2019] FCA 478
File number: NSD 665 of 2019
Judges: RARES, GRIFFITHS AND BURLEY JJ
Date of judgment: 19 August 2019
Catchwords: MIGRATION – appeal from judgment and orders of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision not to revoke mandatory cancellation of the appellant's resident return visa – where the appellant claimed that he was denied procedural fairness before the Administrative Appeals Tribunal (AAT) due to its failure to make inquiries as to whether he had the requisite capacity to represent himself – where the appellant had a history of mental health issues and substance abuse – where no evidence adduced at first instance or on appeal that had the AAT made enquiries it would have found the appellant lacked or may have lacked requisite capacity– no appealable error – appeal dismissed, with costs
Legislation: Migration Act 1958 (Cth) ss 360, 501(3A), 501CA(4)(b)(ii)
Cases cited: Allregal Enterprises Pty Ltd v Carpaolo Nominees Pty Ltd [2009] WASCA 33 BJB16 v Minister for Immigration and Border Protection [2018] FCAFC 49; 260 FCR 116 Goddard Elliott v Fritsch [2012] VSC 87 Karan v Minister for Home Affairs [2019] FCA 478 Minister for Immigration and Border Protect v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 259 CLR 180 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Minister for Immigrations and Multicultural and Indigenous Affairs v SCAR [2003] FCAFC 126; 128 FCR 553 NAMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 983; 76 ALD 56 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZMSA v Minister for Immigration and Citizenship [2010] FCA 345
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