Federal Court of Australia
Federal Court of Australia CIJ23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1128 Review of: Decision of Administrative Appeals Tribunal
File number(s): VID 797 of 2023
Judgment of: O'CALLAGHAN J
Date of judgment: 26 September 2024
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – where applicant was unrepresented at hearing – where applicant questioned about illicit drug use during hearing – where Tribunal failed to give warning about applicant's right to invoke the privilege against self-incrimination – whether Tribunal failed to afford applicant procedural fairness – where practical injustice occasioned – where denial of procedural fairness material and a jurisdictional error – application allowed
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA, 501CA(4) Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 75
Kohli v Minister for Immigration (2018) 74 AAR 433; [2018] FCA 540 Cases cited: LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 Promsopa v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2020] FCA 1480 Sorby v Commonwealth (1983) 152 CLR 281
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 40
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