MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11

MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11

The appeal was dismissed because the contentious material relating to the fourth count was not irrelevant to the Tribunal's statutory task in the sense considered in CNY17, the Tribunal had jurisdiction to consider such material without impugning the convictions and sentences that founded cancellation under s 501(3A), and, in all the circumstances, a fair-minded lay observer would not reasonably apprehend that the Tribunal might not bring an independent and impartial mind to the review. The Tribunal was a quasi-judicial body able to put aside material not relied upon, the material was disclosed and tendered without objection, the Minister did not invite the Tribunal to go behind the...

Jurisdiction
Australia
Judgment Date
15 February 2021
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal to Revoke Mandatory Visa Cancellation / Appeal to the Full Court of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['mandatory Visa Cancellation' 'revocation Under S 501 Ca(4)' 'apprehended Bias' 'jurisdictional Error' 'relevance of Material Relating to Acquitted Conduct' 'administrative Appeals Tribunal Review']
['migration Law' 'administrative Law'] ['mandatory Visa Cancellation' 'revocation Under S 501 Ca(4)' 'apprehended Bias' 'jurisdictional Error' 'relevance of Material Relating to Acquitted Conduct' 'administrative Appeals Tribunal Review']

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal to Revoke Mandatory Visa Cancellation / Appeal to the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the primary judge erred in concluding that the Tribunal could permissibly have taken material concerning the fourth count into account.' "Whether the Tribunal's decision was vitiated by jurisdictional error due to apprehended bias because contentious material relating to an acquitted charge was before it." 'Whether the contentious material was irrelevant in the circumstances of the Tribunal hearing.' 'Whether the Tribunal had no jurisdiction to consider material said to dispute findings made by the sentencing judge.']

Ratio Decidendi

The appeal was dismissed because the contentious material relating to the fourth count was not irrelevant to the Tribunal's statutory task in the sense considered in CNY17, the Tribunal had jurisdiction to consider such material without impugning the convictions and sentences that founded cancellation under s 501(3A), and, in all the circumstances, a fair-minded lay observer would not reasonably apprehend that the Tribunal might not bring an independent and impartial mind to the review. The Tribunal was a quasi-judicial body able to put aside material not relied upon, the material was disclosed and tendered without objection, the Minister did not invite the Tribunal to go behind the...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['To the extent necessary there be leave to raise the ground specified in the notice of appeal.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs to be assessed if not agreed."]