Pillay v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 108

Federal Court of Australia

Pillay v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 108 Appeal from: Pillay v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1535

File number: QUD 38 of 2023

Judgment of: LOGAN, SARAH C DERRINGTON AND ANDERSON JJ

Date of judgment: 11 May 2023

Catchwords: MIGRATION – appeal against decision of the primary judge to affirm the Administrative Appeals Tribunal's (the Tribunal) decision not to revoke the cancellation of his visa by the Minister under s 501 (3A) of the Migration Act 1958 (the Act) – where the appellant is not legally trained but makes oral submissions that he was denied procedural fairness – where the appellant maintains a fatherly relationship with a child but he is unsure if he is the biological father – whether the Tribunal alerted the appellant to an issue which may be adverse SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 (SZBEL) considered – where the primary judge concluded that the issue as to fatherhood was material to the assessment whether or not to revoke the cancellation of his visa – where the appellant was afforded procedural fairness to call evidence in the Tribunal but did not – SZBEL distinguished – no denial of procedural fairness – appeal dismissed

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

Cases cited: SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights