Nuuamoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 587

Federal Court of Australia

Nuuamoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 587 File number(s): VID 630 of 2021

Judgment of: ROFE J

Date of judgment: 13 June 2023

Catchwords: MIGRATION – application for judicial review – where visa cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where Tribunal upheld a decision of the delegate not to revoke the cancellation – whether Tribunal committed jurisdictional error by failing to comply with Ministerial Direction No. 90 – whether Tribunal failed to afford applicant procedural fairness – whether applicant was serving a sentence of full-time imprisonment at the time of cancellation – whether cancellation was valid

Legislation: Migration Act 1958 (Cth) ss 477A, 499, 501, 501CA Federal Court Rules 2011 r 8.21 Corrections Act 1986 (Vic) s 6B Interpretation of Legislation Act 1984 (Vic) s 44 Ministerial Direction 90 - Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (Cth) Ministerial Direction 79 - Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (Cth) Explanatory Memorandum, Migration Amendment (Character and General Visa Cancellation) Bill 2014 (Cth)

Cases cited: Abebe v Commonwealth [1999] HCA 14 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Australian Securities and Investments Commission v Cassimatis (No 6) [2016] FCA 622 Bettancourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 BQL15 v Minister for Immigration and Border Protection [2018] FCAFC 104 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 BVD17 v Minister for Immigration and Border Protection (2019) 373 ALR 196 Cockrell v Minister for Immigration and Citizenship [2008] FCAFC 160 Commissioner for the Australian Capital Territory Revenue v Alphaone (1994) 49 FCR 576 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 EXT20 v Minister for Home Affairs [2022] FCAFC 72 Falzon v Minister for Immigration and Border Protection (2018) 262 CLR 333 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 Kaur v Minister for Immigration and Border Protection [2017] FCAFC 184 Ketjan v Assistant Minister for Immigration and Border Protection (2019) 273 FCR 105 Minister for Home Affairs v Buadromo [2018] FCAFC 151 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v Li [2013] HCA 18 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration v Eshetu [1999] HCA 21 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 395 ALR 403 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50 PYDZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1050 PYDZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 14 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30 Rokobatini v Minister for Immigration & Multicultural Affairs [1999] FCA 1238 Snedden v Minister of Justice (2014) 230 FCR 82 Sola Optical Australia Pty Ltd v Mills (1987) 163 CLR 628 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63 SZSMR v Minister for Immigration and Border Protection [2015] FCA 655 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 619 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6