Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 713

Federal Court of Australia

Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 713 Appeal from: Kumar v Minister for Immigration & Anor [2020] FCCA 2170

File number: NSD 1022 of 2020

Judgment of: NICHOLAS J

Date of judgment: 29 June 2021

Catchwords: MIGRATION – where appellant failed to appear at hearing of application for review of delegate's decision cancelling his visa – where Administrative Appeals Tribunal dismissed application for review pursuant to s 362B(1A)(b) of the Migration Act 1958 (Cth) ("the Act") – where applicant applied for reinstatement of dismissed application – whether the Tribunal's decision confirming dismissal under s 362B(1C)(b) was unreasonable – whether Tribunal failed to have regard to information provided to it by the applicant contrary to s 359(1) of the Act – whether s 359(1) applied to such information – whether s 360(1) of the Act required the Tribunal to extend to the applicant an invitation to appear at the hearing in person rather than by video conference – whether primary judge erred in rejecting applicant's contention that the Tribunal's decision was affected by jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 360(1), 362B, 366(1)

Cases cited: Minister for Immigration and Border Protection v Dhillon (2014) 227 FCR 525 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 MZAHI v Minister for Immigration and Border Protection [2016] FCA 129 Singh v Minister for Immigration and Border Protection (2018) 266 FCR 459