MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11

Federal Court of Australia

MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11 Appeal from: MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1161

File number: WAD 211 of 2020

Judgment of: ALLSOP CJ, O'CALLAGHAN AND COLVIN JJ

Date of judgment: 15 February 2021

Catchwords: MIGRATION - appeal from decision dismissing application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal affirmed decision of delegate of Minister not to revoke mandatory cancellation of visa - where appellant convicted of three counts of sexual offending against step-child and acquitted of fourth count of sexual offending against other step-child - where Tribunal received material relating to fourth count - whether primary judge erred in concluding Tribunal could take contentious material into account - whether primary judge erred in finding Tribunal's decision not vitiated by jurisdictional error due to apprehended bias - whether contentious material irrelevant - whether Tribunal had no jurisdiction to dispute findings by sentencing judge - appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 7, 10B, 14, 63 Migration Act 1958 (Cth) ss 501, 501CA

Cases cited: CNY17 v Minister for Immigration and Border Protection [2018] FCAFC 159; (2018) 264 FCR 87 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29; (2020) 274 FCR 456 Han v Minister for Home Affairs [2019] FCA 331 Hot Holdings Pty Ltd v Creasy [2002] HCA 51; (2002) 210 CLR 438 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; (2019) 273 FCR 121 Isbester v Knox City Council [2015] HCA 20; (2015) 255 CLR 135 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Minister for Home Affairs v Brown [2020] FCAFC 21; (2020) 275 FCR 188 Minister for Immigration and Border Protection v Makasa [2021] HCA 1 Michael Wilson & Partners Limited v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 Re JRL; Ex parte CJL (1986) 161 CLR 342 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 Webb v The Queen (1994) 181 CLR 41