Recent Cases

Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59 (24 May 2024) (Rangiah, Thawley and Shariff JJ)


Catchwords:


MIGRATION – procedural fairness – where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant’s visa – where delegate concluded that the “best interests of children” consideration weighed in favour of revocation – where respondent did not advance a positive case that the “best interests of children” consideration weighed in favour of revocation and made a concession in closing submissions before the Tribunal that the “best interests of children” consideration weighed in favour of revocation – where Tribunal found the consideration weighed against revocation – whether Tribunal denied procedural fairness – Tribunal failed to afford the appellant procedural fairness – appeal allowed on grounds not argued at trial

PRACTICE AND PROCEDURE – where appellant sought leave to raise new grounds of judicial review on appeal – leave granted on the basis that the new grounds had sufficient merit