NDBR v Minister for Home Affairs [2021] FCAFC 170

Federal Court of Australia

NDBR v Minister for Home Affairs [2021] FCAFC 170 Appeal from: NDBR v Minister for Home Affairs [2019] FCA 1631

File number: VID 1187 of 2019

Judgment of: BROMBERG, MARKOVIC AND BANKS-SMITH JJ

Date of judgment: 20 September 2021

Catchwords: MIGRATION – appeal from decision of primary judge to dismiss application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) affirming decision of delegate of first respondent (Minister) refusing grant of Protection (Class XA) visa under s 501(1) of the Migration Act 1958 (Cth) – where appellant convicted of unlawfully and indecently dealing with a child under the age of 16 years – where reasons of Tribunal noted disagreement with characterisation of offending by two sentencing judges as not predatory – where appellant not invited to comment on characterisation of his offending – whether Tribunal failed to accord the appellant procedural fairness – whether such failure material – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 499, 501

Cases cited: Commissioner for the Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Elsayed v R [2019] VSCA 113 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Navoto v Minister for Home Affairs [2019] FCAFC 135 NDBR v Minister for Home Affairs [2019] FCA 1631 R v Scott (2009) 22 VR 41 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152