Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53

Federal Court of Australia

Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53 Appeal from: Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1011

File number(s): VID 571 of 2022

Judgment of: THOMAS, O'BRYAN AND mcELWAINE JJ

Date of judgment: 28 March 2023

Catchwords: MIGRATION – appeal from decision of a single judge of this Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) not to revoke mandatory cancellation under s 501CA(4) of the Migration Act 1958 (Cth) (Act) – whether primary judge erred in failing to find that the Tribunal fell into jurisdictional error by failing to consider appellant's mental health when considering impediments to appellant's return to Nigeria – appeal dismissed PRACTICE AND PROCEDURE – application to raise, as a new ground of appeal, an allegation that the Tribunal lacked jurisdiction because the decision of the Minister's delegate to cancel the appellant's visa under s 501(3A) of the Act was invalid by reason that the appellant was denied natural justice concerning which cancellation power under the Act was to be exercised – leave to raise new ground of appeal refused

Legislation: Constitution s 75(v) Migration Act 1958 (Cth) ss 46A, 48B, Pt 2 div 3 subdiv AB and E, ss 116, 118, 417, 476, 476A, 189, 195A, 500, 501, 501C, 501CA Ministerial Direction No. 65 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA Ministerial Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA Criminal Code Act 1983 (NT) s 231B