Bhatti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1583

Federal Court of Australia

Bhatti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1583 Appeal from: Bhatti v Minister for Immigration & Anor [2021] FCCA 20

File number: VID 100 of 2021

Judgment of: MORTIMER J

Date of judgment: 15 December 2021

Catchwords: MIGRATION – appeal – where Tribunal affirmed decision of delegate to cancel appellant's visa pursuant to s 109 of the Migration Act 1958 (Cth) – whether incorrect answers provided in visa application – appeal allowed. PRACTICE AND PROCEDURE – application for leave to raise new grounds of review not relied on in Federal Circuit Court – sufficient merit to grant leave.

Legislation: Migration Act 1958 (Cth), ss 101, 107, 108, 109 Migration Regulations 1994 (Cth)

Cases cited: BKQ16 v Minister for Immigration and Border Protection [2019] FCA 40; 77 AAR 165 BXT17 v Minister for Home Affairs [2021] FCAFC 9; 283 FCR 248 Chou v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 130 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 268 CLR 76 Contreras v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 154 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213; 258 FCR 1 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Ahmed [2005] FCAFC 58; 143 FCR 314 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 SHJB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 303; 134 FCR 43 Singh v Immigration Review Tribunal [1993] FCA 681; 44 FCR 495 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588