Masi-Haini v Minister for Home Affairs [2023] FCAFC 126

FEDERAL COURT OF AUSTRALIA

Masi-Haini v Minister for Home Affairs [2023] FCAFC 126 Appeal from: Masi-Haini v Minister for Home Affairs [2022] FCA 1326

File number: NSD 1058 of 2022

Judgment of: MARKOVIC, MEAGHER AND KENNETT JJ

Date of judgment: 9 August 2023

Catchwords: MIGRATION – appeal from orders dismissing application for judicial review of a decision of the Minister for Home Affairs revoking a decision to cancel appellant's visa – where primary judge found that the Minister erred in her findings – where primary judge found that the Minister failed to engage with appellant's representations – whether primary judge erred in failing to find such errors were material – whether primary judge erred in failing to consider particulars in appeal ground with such failure impacting on the finding of materiality – whether primary judge erred in failing to find that the Minister failed to read, understand, evaluate and bring her mind to bear on representations made by the appellant – notice of contention filed – whether primary judge erred in finding that there was no evidentiary or other basis for Minister's finding – whether primary judge should have held that the Minister's finding was open on the evidence before her – whether primary judge should have held that the correct approach to determining error was to determine whether Minister's state of satisfaction was rationally open to her –notice of contention partially upheld – appeal dismissed HIGH COURT AND FEDERAL COURT – where appellant renews an application for disqualification of one of the judges sitting as part of an appellate bench – whether the first application should have been determined by the judge the subject of it alone – where parties made further submissions addressing effect of QYFM v Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 – whether the judge the subject of the application should have in fact recused himself – application dismissed