DXJL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1124

Federal Court of Australia

DXJL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1124 Review of: DXJL and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2022] AATA 3809

File number(s): VID 707 of 2022

Judgment of: MCEVOY J

Date of judgment: 21 September 2023

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – Tribunal affirmed decision of Minister's delegate not to revoke the mandatory cancellation of the applicant's visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – denial of procedural fairness by Tribunal – failure to notify applicant of issues to which its reasoning processes were directed – jurisdictional error – decision of Tribunal quashed – remitted to Tribunal for determination according to law.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 39(1) Migration Act 1958 (Cth) ss 424A(1), 476A, 501, 501CA(4)

Cases cited: BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1429 Boensch v Pascoe (2019) 268 CLR 593; [2019] HCA 49 DBB16 v Commonwealth of Australia [2022] FCA 783 EXT20 v Minister for Home Affairs [2022] FCAFC 72 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 96 ALJR 737; [2022] HCA 26 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 at 1196 [18]; [2007] HCA 26