FBLQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 397

Federal Court of Australia

FBLQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 397 Review of: Application for review of a migration decision by the Administrative Appeals Tribunal made on 8 August 2023

File number: VID 752 of 2023

Judgment of: HESPE J

Date of judgment: 19 April 2024

Catchwords: MIGRATION – application for review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of Applicant's visa – where Applicant's wife (who was also a witness in the Tribunal hearing) acted as the Applicant's advocate at Tribunal hearing in circumstances where the Applicant is illiterate and speaks very little English – whether there was a denial of natural justice, an unreasonable exercise of power and/or a misunderstanding of a statutory discretion

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 25, 32, 33, 39 Migration Act 1958 (Cth) ss 500, 501CA

Cases cited: Abram v Bank of New Zealand [1996] ATPR 41-507 Fletcher v Commissioner of Taxation (Cth) [1988] FCA 362; (1988) 19 FCR 442 Jones v Ekermawi [2009] NSWCA 388 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Kohli v Minister for Immigration and Border Protection [2018] FCA 540 Minister for Immigration and Citizenship v SZNCR [2011] FCA 369 Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41; (2010) 183 FCR 575 NAMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 983 Sullivan v Department of Transport (1978) 20 ALR 323 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; (2013) 216 FCR 445