Recent Cases

Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53 (28 March 2023) (THOMAS, O’BRYAN AND mcELWAINE JJ)


Catchwords:


MIGRATION – appeal from decision of a single judge of this Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) not to revoke mandatory cancellation under s 501CA(4) of the Migration Act 1958 (Cth) (Act) – whether primary judge erred in failing to find that the Tribunal fell into jurisdictional error by failing to consider appellant’s mental health when considering impediments to appellant’s return to Nigeria – appeal dismissed

PRACTICE AND PROCEDURE – application to raise, as a new ground of appeal, an allegation that the Tribunal lacked jurisdiction because the decision of the Minister’s delegate to cancel the appellant’s visa under s 501(3A) of the Act was invalid by reason that the appellant was denied natural justice concerning which cancellation power under the Act was to be exercised – leave to raise new ground of appeal refused