Recent Cases

Uriaere v Minister for Home Affairs [2019] FCAFC 235 (18 December 2019) (Flick, Bromwich, Burley JJ)


MIGRATION – appeal from a decision of the Federal Court of Australia – where appellant’s visa cancelled by delegate of the Minister for Home Affairs under mandatory cancellation provisions – where delegate of the Minister decided not to revoke mandatory cancellation – where Administrative Appeals Tribunal decided to revoke the cancellation of appellant’s visa – where Minister set aside Tribunal’s decision – where primary judge dismissed application for judicial review – where appellant sought leave to raise new grounds on appeal – whether leave to be granted to appellant to raise new grounds on appeal – whether Minister misdirected himself regarding the operation of s 501BA(3) of the Migration Act 1958 (Cth) – whether, if further representations were received by the appellant, those representations could realistically have produced a different result – held: leave granted to raise new grounds on appeal – appeal allowed