HBMH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 275

Federal Court of Australia

HBMH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 275 Appeal from: HBMH and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 2825

File number: WAD 185 of 2022

Judgment of: KATZMANN J

Date of judgment: 28 March 2023

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of Minister's delegate not to revoke decision to cancel applicant's visa – where the applicant was injured in immigration detention and his recovery was complicated, whether indefinite detention was a legal consequence of a decision not to revoke the cancellation decision – whether, if so, the Tribunal committed a jurisdictional error by failing to take that prospect into account ADMINISTRATIVE LAW – where statements of witnesses served by the applicant, the respondent did not require any of those witnesses for cross-examination or object to the tender of their statements and the applicant made some, but not all, the witnesses available for cross-examination – where the Tribunal gave no weight to the statements of the witnesses who were not made available for cross-examination after a submission to that effect had been made by the respondent and the applicant did not object to the respondents' submission or seek to reopen his case to call those witnesses, whether the applicant was caught by surprise by the Tribunal's decision and thereby denied procedural fairness – whether, if so, the applicant proved that the denial was material

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 33, 33A, 39, 40, 43 Migration Act 1958 (Cth) ss 198, 430, 499, 500(6L), 501, 501CA