Federal Court of Australia
Federal Court of Australia
NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 30 Appeal from: Application for judicial review: NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077
File number(s): NSD 947 of 2020
Judgment of: FARRELL, WIGNEY AND PERRY JJ
Date of judgment: 10 March 2021
Catchwords: MIGRATION – application for judicial review – where primary judge upheld decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke mandatory cancellation of appellant's visa on character grounds – whether the appellant was denied procedural fairness because he appeared without representation contrary to his alleged right to legal representation – no denial of procedural fairness – whether merit in an allegation that the Tribunal failed to consider aspect of protection claims where no evidence on that aspect was led before the Tribunal – application for joinder of appeal and separate proceedings against different parties refused – appeal dismissed PRACTICE AND PROCEDURE – application for leave to raise new grounds of appeal – where no merit in grounds of appeal – application dismissed
Legislation: Constitution Act 1902 (NSW) Constitution Ch III, ss 106, 107 Crimes (Administration of Sentences) Act 1999 (NSW) s 158 Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: BET20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1539 CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104 Coker v Minister for Immigration and Border Protection [2017] FCA 929; (2017) 160 ALD 588 Dietrich v The Queen (1992) 177 CLR 292 Hamod v New South Wales [2011] NSWCA 375 Mabo v Queensland (No 2) (1992) 175 CLR 1 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 Raibevu v Minister for Home Affairs [2020] FCAFC 35 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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