Rewha v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 748

Federal Court of Australia

Rewha v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 748 Review of: Rewha v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 19

File number: WAD 30 of 2023

Judgment of: LOGAN J

Date of judgment: 19 May 2023

Catchwords: MIGRATION – where the applicant seeks review of decision by Administrative Appeals Tribunal (Tribunal) to affirm the Minister's decision not to revoke visa cancellation under s 501(3A) of the Migration Act 1958 (Cth) (the Act) – where the applicant is granted leave to amend the originating application for review to include ground for review – where Tribunal discounted an assessment by the Department of Justice that the applicant was at 'low risk of reoffending' – where the alleged error was an absence of any evidentiary foundation in the material before the Tribunal for discounting the assessment – where the Tribunal failed to give notice of the discounting – where it is alleged the applicant was denied procedural fairness by failing to afford an opportunity to be heard in respect of the assessment – Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 applied – where Tribunal contemplates calling in aid the presiding member's own observations in a way which could prejudice the interests of applicant NAEH of 2002 Minister for Immigration and Multicultural and Indigenous Affairs [2022] FCA 927 applied – where the Tribunal acted adversely to the applicant without evidence to support the discounting of assessment – decision affected by jurisdictional error – decision of Tribunal quashed by writ of certiorari – writ of mandamus issued directing Tribunal to decide according to law