Holloway v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 945

Federal Court of Australia

Holloway v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 945 Review of: Holloway and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4558

File number: WAD 300 of 2020

Judgment of: JACKSON J

Date of judgment: 12 August 2021

Catchwords: MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - Tribunal declined to hear evidence from applicant's daughter at hearing where written statement not provided more than 48 hours beforehand - Tribunal misunderstood effect of s 500(6H) of the Migration Act 1958 (Cth) - materiality of error - jurisdictional error established - decision set aside and remitted to Tribunal

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 33 Migration Act 1958 (Cth) ss 499, 500, 501, 501CA Ministerial Direction No. 79 - Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (Cth)

Cases cited: Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Ibrahim v Minister for Home Affairs [2019] FCAFC 89; (2019) 270 FCR 12 Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123; (2014) 225 FCR 482 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203