Uriaere v Minister for Home Affairs [2019] FCAFC 235

FEDERAL COURT OF AUSTRALIA

Uriaere v Minister for Home Affairs [2019] FCAFC 235 Appeal from: Uriaere v Minister for Home Affairs [2018] FCA 2084

File number: NSD 270 of 2019

Judges: FLICK, BROMWICH, BURLEY JJ

Date of judgment: 18 December 2019

Catchwords: MIGRATION – appeal from a decision of the Federal Court of Australia – where appellant's visa cancelled by delegate of the Minister for Home Affairs under mandatory cancellation provisions – where delegate of the Minister decided not to revoke mandatory cancellation – where Administrative Appeals Tribunal decided to revoke the cancellation of appellant's visa – where Minister set aside Tribunal's decision – where primary judge dismissed application for judicial review – where appellant sought leave to raise new grounds on appeal – whether leave to be granted to appellant to raise new grounds on appeal – whether Minister misdirected himself regarding the operation of s 501BA(3) of the Migration Act 1958 (Cth) – whether, if further representations were received by the appellant, those representations could realistically have produced a different result – held: leave granted to raise new grounds on appeal – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 501(3A), 501BA(2), 501BA(3), 501CA, 501CA(2), 501CA(3)

Cases cited: Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 359 ALR 1 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Nguyen v Minister for Home Affairs [2019] FCAFC 128 Uriaere v Minister for Home Affairs [2018] FCA 2084 Weti-Safwan v Minister for Home Affairs [2019] FCAFC 173