QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195

Federal Court of Australia

QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195 Appeal from: QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1810

File number(s): VID 584 of 2023

Judgment of: KATZMANN, O'CALLAGHAN AND MCEVOY JJ

Date of judgment: 12 December 2023

Catchwords: PRACTICE AND PROCEDURE – where High Court of Australia allowed appeal and remitted matter to be heard and determined by a differently constituted Full Court –where grounds contended before primary judge and first Full Court abandoned and appellant sought leave to raise six new appeal grounds, whether leave to amend notice of appeal should be granted – application for leave to amend notice of appeal dismissed – appeal dismissed MIGRATION – where appellant's visa cancelled under s 501(3A) of Migration Act 1958 (Cth) (Act) and Administrative Appeals Tribunal affirmed decision of Minister's delegate, finding there was no reason to revoke cancellation decision – where appellant contended that Tribunal erroneously found that s 501CA(4)(b)(ii) of the Act was conditioned by an exercise of discretion, erroneously considered it was bound to comply with Direction No. 79, and erroneously applied "test" in Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 – where appellant also contended that Tribunal denied him procedural fairness on four different bases – whether any merit in proposed new appeal grounds

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 62A Migration Act 1958 (Cth) ss 499, 501, 501CA Direction No. 79 – Migration Act 1958 – Direction under section 499 – Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA Direction No. 90 – Migration Act 1958 – Direction under section 499 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA