Doan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 71

Federal Court of Australia

Doan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 71 Appeal from: Doan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 405

File number(s): VID 349 of 2022

Judgment of: ANDERSON J

Date of judgment: 13 February 2023

Catchwords: MIGRATION – whether the primary judge erred in not finding and ought to have found that the Tribunal failed to "invite" the appellant under s 360 of the Migration Act 1958 (Cth) (Act) or give the appellant a "meaningful hearing"– whether the primary judge erred in not finding and ought to have found that the Tribunal's decision was affected by apprehended bias – where the appeal is dismissed with costs

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Applicant VBAB of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 804; (2002) 121 FCR 100 BMT19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 328 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 274 FCR 456 Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438 Isbester v Knox City Council (2015) 255 CLR 135 Minister for Immigration and Citizenship v MZXPA [2008] FCA 185 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 (2020) 284 FCR 455 Re JRL; Ex parte CJL (1986) 161 CLR 342 Sharma v Minister for Immigration and Border Protection (2017) 256 FCR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Webb v The Queen (1994) 181 CLR 41