Nathanson v Minister for Home Affairs [2019] FCA 1709

FEDERAL COURT OF AUSTRALIA

Nathanson v Minister for Home Affairs [2019] FCA 1709 Review from: Nathanson and Minister for Home Affairs [2019] AATA 642

File number: WAD 269 of 2019

Judge: COLVIN J

Date of judgment: 18 October 2019

Catchwords: MIGRATION - application for review of decision of the Administrative Appeals Tribunal affirming delegate's decision not to revoke the cancellation of the applicant's visa which was mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) - whether the Tribunal erred in failing to afford the applicant procedural fairness - whether the applicant was misled as to the approach to Tribunal would take in applying Direction No 79 - finding that the Tribunal's approach was procedurally unfair - whether any breach of procedural fairness was material giving rise to jurisdictional error - application dismissed

Legislation: Migration Act 1958 (Cth) ss 476A, 499, 500, 501

Cases cited: BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 CHZ19 v Minister for Home Affairs (No 2) [2019] FCA 1112 Degning v Minister for Home Affairs [2019] FCAFC 67 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 PQSM v Minister for Home Affairs [2019] FCA 1540 Re Refugee Review Tribunal; Ex Parte Aala [2000] HCA 57; (2000) 204 CLR 82 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; (2016) 248 FCR 296 WZARH v Minister for Immigration and Border Protection [2014] FCAFC 137; (2014) 230 FCR 130