Hettiarachchige v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1336

Hettiarachchige v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1336

There was no denial of procedural fairness; the appellant was provided reasonable opportunities to present evidence and make submissions before the court.

Parties
Appellant: Chinthaka Ruwan Kumara Hettiarachchige; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
28 October 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Judicial Review, Temporary Work (skilled) Visa, Approved Nomination
Administrative Law Migration Law Procedural Fairness Judicial Review Temporary Work (skilled) Visa Approved Nomination

Case Brief

Summary, issues, holding and outcome

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Parties

Chinthaka Ruwan Kumara Hettiarachchige

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the primary judge failed to provide the appellant with a reasonable opportunity to present evidence and make submissions
  2. 2 Whether procedural fairness and natural justice were accorded to the appellant

Ratio Decidendi

There was no denial of procedural fairness; the appellant was provided reasonable opportunities to present evidence and make submissions before the court.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the Minister's costs, to be taxed or assessed.