Federal Court of Australia
Federal Court of Australia
HKRC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1487 Review of: HKRC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 450
File number(s): NSD 431 of 2023
Judgment of: HALLEY J
Date of judgment: 28 November 2023
Catchwords: MIGRATION – application for extension of time to file application for review of the Tribunal's decision pursuant to s 477A(2) of the Migration Act 1958 (Cth) (Act) –extension of time granted MIGRATION – whether Tribunal failed to afford applicant procedural fairness – whether Tribunal's questioning deprived applicant of a real and meaningful opportunity to present his case – whether Tribunal failed to put applicant on notice that primary consideration contained in Ministerial Direction No. 99 concerning best interests of his son may not be a factor in favour of revocation of the Minister's cancellation decision – where Tribunal's questioning denied applicant procedural fairness – where Minister conceded that error, if established, was material – Tribunal's decision to be set aside MIGRATION – whether Tribunal also failed correctly to apply primary consideration concerning family violence and other consideration concerning impact on victims contained in Ministerial Direction No. 99 – where no additional jurisdictional error
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 39 Migration Act 1958 (Cth) ss 477A, 501, 501CA
Cases cited: Abram v Bank of New Zealand [1996] FCA 635 Antipova v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 151 FCR 480; [2006] FCA 584 CCU21 v Minister for Home Affairs [2023] FCAFC 87 Dharma v Minister for Home Affairs [2019] FCA 431 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 Ikupu v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 74 Jagroop v Minister for Immigration and Border Protection (2014) 225 FCR 482; [2014] FCAFC 123 Jorgensen v Fair Work Ombudsman (2019) 271 FCR 461; [2019] FCAFC 113 JSMJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1466 JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 116 Michel v The Queen [2009] UKPC 41; [2010] 1 WLR 879 Minogue v Human Rights & Equal Opportunity Commission (1999) 84 FCR 438; [1999] FCA 85 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Oluwafemi v Minister for Home Affairs [2018] FCA 1389 R v T, WA (2014) 118 SASR 382; [2014] SASCFC 3 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165; [2003] HCA 30 Teuila v Minister for Immigration and Citizenship [2012] FCAFC 171 Tu'uta Katoa v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 96 ALJR 819; [2022] HCA 28 WQKK v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 535 XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138
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