Federal Court of Australia
Federal Court of Australia
Nathanson v Minister for Home Affairs [2020] FCAFC 172 Appeal from: Nathanson v Minister for Home Affairs [2019] FCA 1709
File number: WAD 563 of 2019
Judgment of: WIGNEY, STEWARD AND JACKSON JJ
Date of judgment: 9 October 2020
Catchwords: MIGRATION – appeal from a decision of the Federal Court of Australia – application for judicial review of decision of the Administrative Appeals Tribunal ('Tribunal') – appellant's visa mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where primary judge found Tribunal erred in failing to afford the appellant procedural fairness – where primary judge found that Tribunal's error was not material – whether primary judge erred in finding that the Tribunal's error was not material – appellant did not articulate before primary judge how result realistically could have been different – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501(6)(a), 501(7), 501(7)(c), 501CA
Cases cited: Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66 Degning v Minister for Home Affairs (2019) 270 FCR 451 DKX17 v Federal Circuit Court of Australia [2019] FCAFC 10 DNQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 72 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 DQM18 v Minister for Home Affairs [2020] FCAFC 110 EVS17 v Minister for Immigration and Border Protection (2019) 268 FCR 299 Gage v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1298 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Khalil v Minister for Home Affairs [2019] FCAFC 151; (2019) 271 FCR 326 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Nguyen v Minister for Home Affairs (2019) 270 FCR 555 PQSM v Minister for Home Affairs [2020] FCAFC 125 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Stead v State Government Insurance Office (1986) 161 CLR 141
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