Minister for Immigration, Citizenship and Multicultural Affairs v NDBR [2024] FCAFC 114

Federal Court of Australia

Minister for Immigration, Citizenship and Multicultural Affairs v NDBR [2024] FCAFC 114 Appeal from: NDBR v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 168

File number: VID 269 of 2024

Judgment of: KATZMANN, SNADEN AND RAPER JJ

Date of judgment: 3 September 2024

Catchwords: MIGRATION – procedural fairness – where Administrative Appeals Tribunal affirmed decision under s 501(1) of Migration Act 1958 (Cth) to refuse to grant Pakistani national a visa and decision set aside by primary judge on review – where Tribunal hearing adjourned while respondent under cross-examination to enable Minister to obtain further documents – where expert evidence presented to Tribunal that respondent had cognitive deficits and may have difficulties understanding questions – where recommendations made about manner in which questioning should take place – where Tribunal required or expected Minister to notify respondent in advance of topics for cross-examination or list of pages upon which he would be cross-examined – where respondent in immigration detention and Minister furnished list of pages for cross-examination on morning of resumed hearing – where primary judge found that respondent was denied procedural fairness because Minister breached model litigant obligations and Tribunal set them to one side – whether primary judge erred in finding that Tribunal denied respondent procedural fairness – whether primary judge erred in finding that respondent had not waived his rights or acquiesced in manner in which hearing conducted

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1), 39(1) Judiciary Act 1903 (Cth) s 55ZF, 55ZG Migration Act 1958 (Cth) ss 499(2A), 501(1), 501(6) Legal Services Directions 2017 (Cth)