Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Umi v Minister for Home Affairs [2020] FCAFC 101 Appeal from: Umi v Minister for Home Affairs [2019] FCA 2148
File number: VID 42 of 2020
Judges: MIDDLETON, WHITE AND BURLEY JJ
Date of judgment: 5 June 2020
Catchwords: MIGRATION – appeal from decision of Federal Court of Australia dismissing application for review of decision of Administrative Appeals Tribunal not to revoke cancellation of applicant's visa – material submitted by partner of applicant outside time period prescribed by s 500(6J) of Migration Act 1958 (Cth) – whether decision of Tribunal not to adjourn review hearing denied applicant procedural fairness or was legally unreasonable – whether Tribunal misunderstood its task by failing to correctly construe procedural fairness provisions in Administrative Appeals Tribunal Act 1975 (Cth) – consideration of whether alleged errors material to outcome of Tribunal's review – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 500(1)(ba), 500(6H), 500(6J), 500(6L), 501(3A), 501(6), 501(7), 501CA(4),
Cases cited: Director of Public Prosecutions v Jody Lee Downe and Saoloapu Umi [2013] VCC 734 DTN16 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCA 1525 Saoloapu Umi v The Queen [2013] VSCA 211 Umi v Minister for Home Affairs [2019] FCA 2148
Date of hearing: 6 May 2020
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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