NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176

Federal Court of Australia

NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 Review of: Application for judicial review: NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 1631

File number: NSD 743 of 2020

Judgment of: PERRAM, DERRINGTON AND STEWART JJ

Date of judgment: 16 October 2020

Catchwords: MIGRATION – application for revocation of cancellation decision – applicant's visa cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) – delegate of Minister refused to revoke cancellation decision under s 501CA – Administrative Appeals Tribunal affirmed delegate's decision – applicant alleged unspecified errors in AAT's decision – applicant alleged documents before AAT were fraudulent or falsified – applicant alleged he was denied procedural fairness by reason of being self-represented and detained in immigration detention – lack of particulars and written submissions – no evidence to support allegations – application dismissed MIGRATION – applicant seeking review of cancellation decision and review of decision to refuse bridging visa – no jurisdiction to grant relief

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 37 Migration Act 1958 (Cth) ss 476A, 500, 501, 501CA, 501G

Cases cited: Chetcuti v Minister for Immigration and Border Protection (2019) 270 FCR 33 Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168 Flightdeck Geelong Pty Ltd v All Options Pty Ltd [2020] FCAFC 138 FYBR v Minister for Home Affairs (2019) 272 FCR 454 HZCP v Minister for Immigration and Border Protection (2019) 273 FCR 121 Katelaris v Director of Public Prosecutions (NSW) [2018] NSWCCA 193 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v MZYLE (2011) 123 ALD 548 Omar v Minister for Home Affairs [2019] FCA 279 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SZNXA v Minister for Immigration and Citizenship [2010] FCA 775 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466