Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 24

Federal Court of Australia

Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 24 Appeal from: Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1088

File number: NSD 600 of 2020

Judgment of: FARRELL, BURLEY AND LEE JJ

Date of judgment: 2 March 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court decision to dismiss an application for review of delegate's decision to cancel visa on basis that appellant posed a risk to individuals in the Australian community – application for leave to rely on amended notice of appeal – consideration of relevant principles – whether proposed grounds meritorious – whether primary judge erred in finding that the certificates issued by the Minister pursuant to s 376 of the Migration Act 1959 (Cth) (Act) were valid – whether any error by the primary judge with respect to s 376 of the Act was material – whether primary judge erred in finding that Tribunal did not fail to invite appellant to address matters pursuant to s 360 of the Act – whether primary judge should have found that the Tribunal was affected by apprehended bias – leave to rely on amended notice of appeal refused – appeal dismissed

Legislation: Evidence Act 1995 (Cth) s 130 Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 116, 360, 376, 438

Cases cited: Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 Crown Resorts Ltd v Zantran Pty Ltd [2020] FCAFC 1; (2020) 276 FCR 477 CYA18 v Minister for Home Affairs [2019] FCA 1616 Gartside v Outram (1856) 26 LJ Ch 113 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929; (2001) 64 ALD 9 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30; (2009) 238 CLR 489 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1088 Park v Brothers [2005] HCA 73; (2005) 222 ALR 421 Richards v Kadian [2005] NSWCA 328; (2005) 64 NSWLR 204 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; (2016) 243 FCR 220 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588