Kamal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 159

Federal Court of Australia

Kamal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 159 Appeal from: Kamal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 200

File number: VID 226 of 2023

Judgment of: RARES, BROMWICH AND RAPER JJ

Date of judgment: 28 September 2023

Catchwords: MIGRATION – where appellant's visa was cancelled under s 501CA(4) of the Migration Act 1958 (Cth) – where an appeal of the Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation – where an application for judicial review of the Tribunal's decision was dismissed by a judge of this Court – where the sole ground of appeal is that the primary judge erred by not giving the appellant a reasonable opportunity to present his case and to inspect documents to which the Tribunal proposed to have regard in accordance with s 39(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – held: no error on the part of the primary judge, appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39(1), 43(2A) Migration Act 1958 (Cth) ss 501CA(4), 500(6L), 501G(1) Migration Regulations 1994 (Cth) reg 2.55

Cases cited: Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 Daw v Minister for Immigration and Citizenship [2012] FCA 705 Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123; 225 FCR 482 Khalil v Minister for Home Affairs [2019] FCAFC 151; 271 FCR 326 Kohli v Minister for Immigration and Border Protection [2018] FCA 540; 74 AAR 433 National Disability Insurance Agency v WRMF [2020] FCAFC 79; 276 FCR 415 Sullivan v Department of Transport (1978) 20 ALR 323