Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Umi v Minister for Home Affairs [2019] FCA 2148 Appeal from: Application for judicial review of Administrative Appeals Tribunal decision delivered on 31 July 2019 by Senior Member A. Nikolic
File number: VID 877 of 2019
Judge: MORTIMER J
Date of judgment: 20 December 2019
Catchwords: MIGRATION – review of decision of Administrative Appeals Tribunal not to revoke cancellation of applicant's visa – material submitted by partner of applicant outside time period prescribed by s 500(6J) of Migration Act 1958 (Cth) – whether decision of Tribunal not to adjourn review hearing denied applicant procedural fairness or was legally unreasonable – whether Tribunal misunderstood its task by failing to correctly construe procedural fairness provisions in Administrative Appeals Tribunal Act 1975 (Cth) – consideration of whether alleged errors material to outcome of Tribunal's review – application dismissed
Legislation: Migration Act 1958 (Cth) ss 500(6H), 500(6J), 500(6L), 501(3A) Administrative Appeals Tribunal Act 1975 (Cth) ss 40, 43
Cases cited: AYX17 v Minister for Immigration and Border Protection [2018] FCAFC 103; 262 FCR 317 CWS16 v Minister for Immigration and Border Protection [2019] FCA 1414 DPI17 v Minister for Home Affairs [2019] FCAFC 43 Goldie v Minister for Immigration and Multicultural Affairs [2001] FCA 1318; 111 FCR 378 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Kelly v Australian Postal Corporation [2015] FCA 1064; 67 ALR 359 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 NZA v Minister for Immigration and Citizenship [2013] FCA 140; 140 ALD 55 Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1710 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203
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