Naidu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1423

Federal Court of Australia

Naidu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1423 Appeal from: Naidu v Minister for Immigration & Anor [2020] FCCA 2715

File number: VID 681 of 2020

Judgment of: SNADEN J

Date of judgment: 21 November 2023

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia (FCCA) – where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal – whether ratio of Karsten v Minister for Immigration and Anor (No. 3) [2019] FCCA 1560 properly applied – whether FCCA should have sought clarification regarding unclear submission – whether independent expert required to accept evidence – whether independent expert required to put appellant on notice – whether procedural fairness afforded – whether marriage had dissolved – whether existence of intervention order enlivened reg 1.23(4) of the Migration Regulations 1994 (Cth) – whether appellant afforded substantial justice – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 31, 353, 357A, 379A, 379C, 379G, 476 Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) Migration Regulations 1994 (Cth), regs 1.21, 1.22, 1.23, 2.03, sch 2

Cases cited: BSE17 v Minister for Home Affairs [2018] FCA 192 Leone v Minister for Home Affairs (2020) 277 FCR 526 Muin v Refugee Review Tribunal (2002) 190 ALR 601 Naidu v Minister for Immigration & Anor [2020] FCCA 2715 Karsten v Minister for Immigration and Anor (No. 3) [2019] FCCA 1560 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497 SZMAR v Minister for Immigration and Citizenship (2009) 112 ALD 524 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588