Leota v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1120

FEDERAL COURT OF AUSTRALIA

Leota v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1120 Appeal from: Leota v Minister for Home Affairs [2019] FCCA 1798

File number: QUD 408 of 2019

Judge: BANKS-SMITH J

Date of judgment: 5 August 2020

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court - appellant a citizen of New Zealand - where appellant's temporary special visa cancelled under s 116(1)(e)(i) of the Migration Act 1958 (Cth) - where appellant a convicted dealer in dangerous drugs - where Administrative Appeals Tribunal satisfied appellant 'is or may be, or would or might be, a risk to the health, safety or good order of the Australian community or a segment of the Australian community' - extent to which Tribunal obliged to identify particular risk and object of risk - whether Tribunal properly understood statutory task - whether jurisdictional error by Tribunal disclosed PRACTICE AND PROCEDURE - application to rely on new grounds of appeal - whether expedient in the interests of justice - where appellant not represented before the Federal Circuit Court - where proposed ground of appeal raises question of statutory construction of s 116(1)(e) of the Migration Act 1958 (Cth) - where proposed ground of appeal is arguable - leave granted in part

Legislation: Migration Act 1958 (Cth) ss 48, 116, 117, 189, 196, 198, 338, 348, 501 Migration Regulations 1994 (Cth) Schedule 2, cl 444.511

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; (2015) 231 FCR 452 Ali v Minister for Home Affairs [2020] FCAFC 109 AWV18 v Minister for Home Affairs (No 3) [2020] FCA 365 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 456 Borbil v The State of Western Australia [2007] WASCA 24 BOZ16 v Minister for Immigration and Border Protection [2018] FCA 418 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 CHZ19 v Minister for Home Affairs [2019] FCA 914 COT15 v Minister for Immigration and Border Protection [2015] FCAFC 190; (2015) 236 FCR 148 EHF17 v Minister for Immigration and Border Protection [2019] FCA 1681 El Ess v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1038; (2004) 142 FCR 43 Gong v Minister for Immigration and Border Protection [2016] FCCA 561 Han v Minister for Home Affairs [2019] FCA 331 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213; (2017) 258 FCR 1 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Navoto v Minister for Home Affairs [2019] FCAFC 135 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1 Newall v Minister for Immigration and Multicultural Affairs [1999] FCA 1624 O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310 Re Patterson; Ex parte Taylor [2001] HCA 51; (2001) 207 CLR 391 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 Taulahi v Minister for Immigration and Border Protection [2016] FCAFC 177; (2016) 246 FCR 146 The Queen v Roe [2017] NTCCA 7; (2017) NTLR 187 Tien v Minister for Immigration and Multicultural Affairs (1998) 89 FCR 80 Tsvetnenko v United States of America [2019] FCAFC 74; (2019) 269 FCR 225 VAUX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588