Recent Cases

Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112 (02 July 2019) (Murphy, Rangiah and O’Callaghan JJ)


MIGRATION – appeal from a decision of a single judge of this Court – decision of the Minister, made personally, to cancel a visa on character grounds– whether the Minister gave proper, genuine and realistic consideration to the materials provided by the Department – whether the appellant established on the balance of probabilities that the Minister’s consideration of the materials took only eleven minutes – whether the primary judge should have drawn a Jones v Dunkel from the failure of the Minister or a member of his staff to give evidence as to when the Minister’s consideration of the materials commenced – whether the primary judge failed to accord procedural fairness to the appellant, a self-represented litigant, by not informing him that he could seek further discovery from the Minister concerning how or when the decision was made; ask the Court to draw inferences from the Minister’s failure to put on evidence about what the Minister did to consider the decision; and ask the Court to issue subpoenas to the Minister and/or others to give evidence