Federal Court of Australia
Federal Court of Australia
Tabuarua v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 748 Review of: Decision of Administrative Appeals Tribunal delivered by Member R Maguire dated 29 May 2023
File number: QUD 285 of 2023
Judgment of: RANGIAH J
Date of judgment: 10 July 2024
Catchwords: MIGRATION – application for review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke the applicant's visa – whether applicant was denied procedural fairness arising from Tribunal acting contrary to Minister's concession – whether denial of procedural fairness was material – whether Tribunal failed to evaluate or take into account the applicant's submissions and representations – whether Tribunal's conclusion that applicant posed a "moderate" chance of re-offending was unreasonable – whether Tribunal took into account the applicant's submissions in respect of his health conditions if he were to be removed to New Zealand – whether Tribunal misconstrued paragraph 9.4.1 of Direction 99 – finding that there was a material denial of procedural fairness
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 39(1) Migration Act 1958 (Cth) ss 476A(1)(b), 499(2A), 500(1)(ba), 501(3A), 501CA(4) Criminal Records (Clean Slate) Act 2004 (NZ)
Cases cited: Arachchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1311 Bushell v Repatriation Commission (1992) 175 CLR 408; [1992] HCA 47 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29; [2019] HCA 34 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; [1994] FCA 293 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 214 CLR 496; [2003] HCA 26 Jadidi v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1560 JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 300 FCR 370; [2023] FCAFC 168 Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516; [2023] FCAFC 116 Minister for Immigration v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration v Viane (2021) 274 CLR 398; [2021] FCA 41 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 276 CLR 80; [2022] HCA 26 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 Singh v Minister for Home Affairs [2019] FCA 905 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Tonga v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1179
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