Doshi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1026

FEDERAL COURT OF AUSTRALIA

Doshi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1026 File number: VID 1380 of 2019

Judge: DAVIES J

Date of judgment: 22 July 2020

Catchwords: MIGRATION – application for review of Minister's decision not to revoke cancellation of applicant's visa under s 501C(4) of the Migration Act 1958 (Cth) (Act) – personal decision of Minister – whether Minister erred by making a positive finding about applicant's alleged previous criminal conduct in Albania – where Minister gave substantial weight to findings of US Department of State and US Presidential Proclamation preventing applicant from entering the United States without reviewing underlying material – whether Minister erred by finding that applicant would continue to engage in criminal conduct in Australia – whether Minister's decision affected by apprehended bias – where US Department of State "encourage[d]" the Australian Government to take visa action against applicant – in all the circumstances reasonable lay observer might apprehend that Minister might not have brought an impartial mind to the resolution of the question to be decided

Legislation: Migration Act 1958 (Cth) ss 501, 501C FY 2017 Consolidated Appropriations Act (US) s 7031(c) Immigration and Nationality Act (US) s 212(f) Presidential Proclamation 7750 (US)

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; 148 FCR 446 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 94 ALJR 140 FTZK v Minister for Immigration and Border Protection [2014] HCA 26; 88 ALJR 754 Hughes v The Queen [2017] HCA 20; 344 ALR 187 Michael Wilson & Partners v Nicholls [2011] HCA 48; 244 CLR 427 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 MZZYE v Minister for Immigration and Border Protection [2015] FCA 1378 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Tickner v Chapman (1995) 57 FCR 451 Wei v Minister for Immigration and Border Protection [2015] HCA 51; 257 CLR 22 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 150 N Rees, "Procedure and Evidence in 'Court Substitute' Tribunals" (2006) 28 Aust Bar Rev 41