Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1305

Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1305

There was no apprehended bias or procedural unfairness by the primary judge; the requirements of ss 98 and 99 of the Migration Act 1958 (Cth) were correctly interpreted and applied as no fraud on the Administrative Appeals Tribunal was alleged; no jurisdictional error is established and the appeal must be dismissed.

Parties
First Appellant: Xianbo Chen; Second Appellant: Shengyun Shi; Third Appellant: Shou Chen; Fourth Appellant: Zhaohong Chen; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Judicial Review Appeal / Appeal From Federal Circuit Court Decision
Outcome
Appeal dismissed
Legal Topics
Visa Cancellation, Procedural Fairness, Apprehended Bias, Misconstruction of Statute
Migration Administrative Law Visa Cancellation Procedural Fairness Apprehended Bias Misconstruction of Statute

Case Brief

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Parties

Xianbo Chen

First Appellant

Shengyun Shi

Second Appellant

Shou Chen

Third Appellant

Zhaohong Chen

Fourth Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether there was apprehended bias by the primary judge
  2. 2 Whether the oral hearing was procedurally unfair
  3. 3 Whether primary judge misconstrued ss 98 and 99 of the Migration Act 1958 (Cth)

Ratio Decidendi

There was no apprehended bias or procedural unfairness by the primary judge; the requirements of ss 98 and 99 of the Migration Act 1958 (Cth) were correctly interpreted and applied as no fraud on the Administrative Appeals Tribunal was alleged; no jurisdictional error is established and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • First appellant appointed as litigation representative of third and fourth appellants pursuant to r 9.63 of the Federal Court Rules 2011 (Cth)
  • Dispensing with rr 9.63 and 9.64 requirements pursuant to r 1.34 of the Federal Court Rules 2011