Bainbridge v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1080

Federal Court of Australia Bainbridge v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1080 Review of: Bainbridge and Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 4184

File number(s): WAD 337 of 2023

Judgment of: MCDONALD J

Date of judgment: 18 September 2024

MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – non-revocation of visa cancellation – failure to satisfy character test – Tribunal bound by Ministerial Direction 99 issued under s 499 of the Migration Act 1958 (Cth) to consider best interests of minor child affected by decision – identification of minor children affected by decision – whether Tribunal erred by failing to determine whether revocation of visa cancellation was in best interests of applicant's niece and nephew – whether error material Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – non-revocation of visa cancellation – failure to satisfy character test – where applicant self-represented – where applicant questioned about potential breaches of law during cross-examination – whether Tribunal should have informed applicant of privilege against self-incrimination – whether Tribunal failed to afford applicant procedural fairness – whether error material

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 62 Migration Act 1958 (Cth) ss 234, 499, 500, 501, 501CA

AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 103 Downes v Minister for Home Affairs (2020) 168 ALD 498; [2020] FCA 54 Griffin v Sogelease Australia Ltd (2003) 57 NSWLR 257; [2003] NSWCA 158 Hamilton v Oades (1989) 166 CLR 486 Ismail v Minister for Immigration, Citizenship and Multicultural Affairs (2024) 98 ALJR 196; [2024] HCA 2 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 292 FCR 15; [2022] FCAFC 111 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 Lucas v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1653 Cases cited: 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 Promsopa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1480 Reid v Howard (1995) 184 CLR 1 RZMW v Minister for Home Affairs (2019) 168 ALD 176; [2019] FCA 1761 SZHWY v Minister for Immigration and Citizenship (2007) 159 FCR 1; [2007] FCAFC 64 TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 82 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203; [2015] HCA 15 Verrill v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 802 X7 v Australian Crime Commission (2013) 248 CLR 92; [2013] HCA 29