Recent Cases

Karan v Minister for Home Affairs [2019] FCAFC 139 (19 August 2019) (Rares, Griffiths and Burley JJ)


MIGRATION – appeal from judgment and orders of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision not to revoke mandatory cancellation of the appellant’s resident return visa – where the appellant claimed that he was denied procedural fairness before the Administrative Appeals Tribunal (AAT) due to its failure to make inquiries as to whether he had the requisite capacity to represent himself – where the appellant had a history of mental health issues and substance abuse – where no evidence adduced at first instance or on appeal that had the AAT made enquiries it would have found the appellant lacked or may have lacked requisite capacity– no appealable error – appeal dismissed, with costs