Recent Cases

Motufoaki v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 74 (22 May 2023) (Katzmann, Feutrill and Raper JJ)


Catchwords:


MIGRATION – appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke a mandatory cancellation decision under s 501CA(4) of Migration Act 1958 (Cth) – whether the Tribunal lacked jurisdiction because the appellant not given an opportunity to be heard on whether another cancellation power should have been used – whether the Tribunal lacked jurisdiction because the cancellation decision was legally unreasonable – where the Tribunal did not refer in terms to two witness statements in considering the nature, strength and duration of the appellant’s links to the Australian community, whether the Tribunal’s decision involved a denial of procedural fairness or some other jurisdictional error

PRACTICE AND PROCEDURE – where none of the points raised on the appeal were raised before the primary judge, whether leave should be granted to agitate them on appeal