Recent Cases

Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 24 (02 March 2022) (Farrell, Burley and Lee JJ)


Catchwords:


MIGRATION – appeal from Federal Circuit Court decision to dismiss an application for review of delegate’s decision to cancel visa on basis that appellant posed a risk to individuals in the Australian community – application for leave to rely on amended notice of appeal – consideration of relevant principles – whether proposed grounds meritorious – whether primary judge erred in finding that the certificates issued by the Minister pursuant to s 376 of the Migration Act 1959 (Cth) (Act) were valid – whether any error by the primary judge with respect to s 376 of the Act was material – whether primary judge erred in finding that Tribunal did not fail to invite appellant to address matters pursuant to s 360 of the Act – whether primary judge should have found that the Tribunal was affected by apprehended bias – leave to rely on amended notice of appeal refused – appeal dismissed