Bullmore v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1106

FEDERAL COURT OF AUSTRALIA

Bullmore v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1106 Review of: HLKD and Minister for Home Affairs (Migration) [2019] AATA 4679

File number(s): VID 1363 of 2019

Judge(s): ANDERSON J

Date of judgment: 6 August 2020

Catchwords: MIGRATION – where the applicant's visa was cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation decision pursuant to s 501CA(4) of the Act – application for judicial review of a decision of the Administrative Appeals Tribunal MIGRATION – consideration of hearsay evidence by the Tribunal – whether there was a failure to adequately observe the "rule in Browne v Dunn" – whether the applicant was denied procedural fairness – no denial of procedural fairness MIGRATION – whether a particular aspect of Tribunal's reasoning was irrational, illogical or unreasonable such that jurisdictional error arose – whether there was no probative evidence for a particular finding – whether particular finding not open on the evidence – Tribunal's reasoning was not irrational, illogical or unreasonable such that jurisdictional error arose Held: application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 2A, 33 and 39 Crimes Act 1958 (Vic) Federal Court of Australia Act 1976 (Cth), s 37AG Migration Act 1958 (Cth), ss 499, 501(3A), 501CA(4)

Cases cited: ACW v Du Bray [2019] FCA 1075 Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174 Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Browne v Dunn (1894) 6 R 67 Bullmore v The Queen [2017] VSCA 41 Calvista Australia Pty Ltd v Administrative Appeals Tribunal [2013] FCA 860 Collins v Minister for Immigration & Ethnic Affairs (1981) 4 ALD 198 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Chen v Migration Agents Registration Authority (No. 1) [2016] FCA 649 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 at 68 Herald & Weekly Times Limited v Gregory D Williams (formerly identified as VAI) [2003] FCAFC 217 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v SRT [1999] FCA 1197 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33 Re Ruddock; Ex parte Applicant S154/2002 [2003] HCA 60 Soliman v University of Technology, Sydney [2012] FCAFC 146 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93 Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Veen v The Queen [No 2] (1988) 164 CLR 465 White Industries (Qld) Pty Ltd v Flower & Hart (a firm) [1998] FCA 806