Federal Court of Australia
Federal Court of Australia
VKTT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 94 Appeal from: VKTT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1437
File number: NSD 1213 of 2020
Judgment of: KERR, STEWART AND HALLEY JJ
Date of judgment: 4 June 2021
Catchwords: MIGRATION – where Administrative Appeals Tribunal (AAT) refused to revoke mandatory cancellation of visa – whether procedural unfairness and practical injustice in AAT's treatment of expert evidence – failure to put adverse considerations not in evidence to the expert where he was not called to give evidence before Tribunal – whether considerations not in evidence were determinative of the decision on the issue said to be addressed by the expert
Legislation: Migration Act 1958 (Cth) ss 500(1)(ba), 501(7)(c), 501(3A) 501CA(4), 501CA(4)(b)(ii)
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 VKTT v Minister for Home Affairs [2019] FCA 1018; 166 ALD 443 VKTT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1437
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 31
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