Recent Cases

QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195 (12 December 2023) (Katzmann, O’Callaghan and McEvoy JJ)


Catchwords:


PRACTICE AND PROCEDURE – where High Court of Australia allowed appeal and remitted matter to be heard and determined by a differently constituted Full Court –where grounds contended before primary judge and first Full Court abandoned and appellant sought leave to raise six new appeal grounds, whether leave to amend notice of appeal should be granted – application for leave to amend notice of appeal dismissed – appeal dismissed

MIGRATION – where appellant’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) (Act) and Administrative Appeals Tribunal affirmed decision of Minister’s delegate, finding there was no reason to revoke cancellation decision – where appellant contended that Tribunal erroneously found that s 501CA(4)(b)(ii) of the Act was conditioned by an exercise of discretion, erroneously considered it was bound to comply with Direction No. 79, and erroneously applied “test” in Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 – where appellant also contended that Tribunal denied him procedural fairness on four different bases – whether any merit in proposed new appeal grounds