Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 116

Federal Court of Australia

Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 116 Appeal from: Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 730

File number: QUD 231 of 2022

Judgment of: LOGAN, RANGIAH AND GOODMAN JJ

Date of judgment: 26 July 2023

Catchwords: MIGRATION – Migration Act 1958 (Cth) – where Administrative Appeals Tribunal affirmed the Minister's decision not to revoke cancellation of visa – where primary judge found no jurisdictional error – whether the Tribunal overlooked "health" issue under para 9.2 of Direction 90 – whether the Tribunal denied the appellant procedural fairness – construction of para 9.3 of Direction 90 – held appellant was denied procedural fairness – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 500(1)(ba), 501(3A), 501(6)(a), 501(7)(c), 501CA(3)(b), 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii) and Directions 21, 56, 65 79 and 90

Cases cited: Aksu v Minister for Immigration and Multicultural Affairs [2001] FCA 514; (2001) 65 ALD 667 Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32; (2020) 383 ALR 194 Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 104 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 1842 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69; (2021) 284 FCR 416 Cockrell v Minister for Immigration and Citizenship [2008] FCAFC 160; (2008) 171 FCR 345 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69; (2021) 285 FCR 1 DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 1 Holloway v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1126 Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 94 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 730 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Home Affairs v HSKJ (2018) 266 FCR 591 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Nathanson v Minister for Home Affairs [2020] FCAFC 172; (2020) 281 FCR 23 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 96 ALJR 737 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 R v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546 Ruhl v Minister for Immigration and Multicultural Affairs [2001] FCA 648; (2001) 184 ALR 401 Sullivan v Department of Transport (1978) 20 ALR 323 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; (2015) 150 ALD 34 TGWR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 200