DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97

DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97

The proposed new ground had no merit. Clause 14.4 of Direction No 79 did not require the Tribunal to consider the impact of non-revocation on Ms J as a victim in the manner alleged; in any event, Ms J's letter did not expressly or impliedly raise any distinct impact on her as a victim separate from the impact on the appellant's daughter and co-parenting, matters the Tribunal considered. Leave to raise the new ground was refused and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Non Revocation of Mandatory Visa Cancellation / Appeal to the Full Court; Application for Leave to Raise a New Ground of Appeal
Outcome
Leave to raise the new ground of appeal refused; appeal dismissed.
Legal Topics
['mandatory Cancellation of Visa' 'revocation Under S 501 CA of the Migration Act 1958 (cth)' 'direction No 79' 'impact on Victims' 'leave to Raise New Ground on Appeal' 'jurisdictional Error']
['migration Law' 'administrative Law' 'procedural Fairness'] ['mandatory Cancellation of Visa' 'revocation Under S 501 CA of the Migration Act 1958 (cth)' 'direction No 79' 'impact on Victims' 'leave to Raise New Ground on Appeal' 'jurisdictional Error']

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Non Revocation of Mandatory Visa Cancellation / Appeal to the Full Court; Application for Leave to Raise a New Ground of Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to raise a new ground of appeal not advanced before the primary judge.' "Whether cl 14.4 of Direction No 79 required the Tribunal to consider the impact of a decision not to revoke visa cancellation on Ms J as a victim of the appellant's offending." "Whether the Tribunal denied the appellant procedural fairness by failing to consider Ms J's letter of support as evidence of impact on a victim." 'Whether the impact on Ms J as a victim was raised as a relevant issue by the representations before the Tribunal.']

Ratio Decidendi

The proposed new ground had no merit. Clause 14.4 of Direction No 79 did not require the Tribunal to consider the impact of non-revocation on Ms J as a victim in the manner alleged; in any event, Ms J's letter did not expressly or impliedly raise any distinct impact on her as a victim separate from the impact on the appellant's daughter and co-parenting, matters the Tribunal considered. Leave to raise the new ground was refused and the appeal was dismissed.

Court Disposition

Leave to raise the new ground of appeal refused; appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The Appellant pay the First Respondent's costs of and incidental to the appeal, to be taxed failing agreement."]