Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1305

Federal Court of Australia

Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1305 Appeal from: Chen v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCCA 963

File number(s): WAD 126 of 2021

Judgment of: GRIFFITHS J

Date of judgment: 27 October 2021

Catchwords: MIGRATION – decision to cancel appellants' temporary skilled work visas – appeal from Federal Circuit Court dismissing application for judicial review – where appellants' allege primary judge inhibited legal representative from adequately presenting case – where primary judge did not call on respondent's counsel and delivered ex tempore judgment – whether allegation of apprehended bias maintainable – whether oral hearing procedurally unfair – transcript must be read as a whole – held: no apprehended bias or procedural unfairness MIGRATION – whether primary judge misconstrued ss 98 and 99 of the Migration Act 1958 (Cth) – consideration of Gill v Minister for Immigration and Border Protection [2016] FCAFC 142; 248 FCR 398 and subsequent cases – where appellant expressly disavowed argument that fraud affected delegate or Administrative Appeals Tribunal – held: no appealable error

Legislation: Crimes Act 1914 (Cth) s 6 Migration Act 1958 (Cth) ss 5(a), 46, 48, 98, 99, 100, 101, 103, 107, 109, 111 Migration Agents Regulations 1998 (Cth) Sch 2 Migration Regulations 1994 (Cth) rr 2.41, cl 4020(1) of Sch 4 Criminal Code (WA) s 409

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 AXQ15 v Minister for Immigration and Broder Protection [2016] FCAFC 73 Bryant v United Voice NSW Branch [2019] FCA 460 CDD15 v Minister for Immigration and Border Protection [2017] FCAFC 65; 250 FCR 587 Charisteas v Charisteas [2021] HCA 29 CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104; 277 FCR 201 Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd [2006] HCA 55; 229 CLR 577 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Gill v Minister for Immigration and Border Protection [2016] FCAFC 142; 248 FCR 398 Katragadda v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 143 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213; 258 FCR 1 MZAOL v Minister for Immigration and Border Protection [2019] FCAFC 68 Singh v Minister for Immigration and Border Protection [2016] FCAFC 141; 247 FCR 554 Zaburoni v Minister for Immigration and Border Protection [2017] FCAFC 205; 256 FCR 197