Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ali v Minister for Home Affairs [2020] FCA 538 Appeal from: Ali and Minister for Home Affairs (Migration) [2019] AATA 417 (13 March 2019)
File number: NSD 416 of 2019
Judge: PERRY J
Date of judgment: 24 April 2020
Catchwords: MIGRATION – application for judicial review – where Administrative Appeals Tribunal (AAT) upheld delegate's decision not to revoke automatic cancellation of the applicant's visa on character grounds pursuant to s 501, Migration Act 1958 (Cth) – whether inference should be drawn that AAT failed to consider Pre-Release Report prepared by Parole Unit – where applicant relied upon Pre-Release Report before AAT on question of risk of re-offending – whether AAT failed to take into account relevant consideration – whether AAT in breach of procedural fairness in failing to give notice of proposed findings relating to deficiencies in the applicant's evidence and findings obviously open on known material – application dismissed.
Legislation: Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: Collector of Customs v Pozzolanic [1993] FCA 322; (1993) 43 FCR 280 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; (1994) 49 FCR 576 CTY15 v Minister for Immigration and Border Protection [2019] FCA 197; 163 ALD 590 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 214 CLR 496 Gupta v Minister for Immigration and Border Protection [2016] FCA 1004 Hossain v Minister for Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 320 Minister for Home Affairs v HSKJ [2018] FCAFC 217; 266 FCR 591 Minister for Home Affairs v Ogawa [2019] FCAFC 98; 369 ALR 553 Minister for Home Affairs v Smith [2019] FCAFC 137 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO & VOAP [2005] FCAFC 50 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; (2003) 77 ALD 402 NABE v Minister for Immigration and Multicultural Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 81 ALJR 1190 SZEPQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 133 SZMIA v Minister for Immigration and Citizenship [2008] FCA 1909 SZSLM v Minister for Immigration and Border Protection [2015] FCAFC 164 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; (2015) 150 ALD 34
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