QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1810

QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1810

The application was dismissed because the Applicant adduced no transcript, affidavit or other evidence capable of showing that the Tribunal's questioning or conduct denied him procedural fairness, and the Tribunal's reasons disclosed no self-evident error. The proposed construction argument concerning s 501 had no merit because the Tribunal had evidence of a 10-year sentence for importing a marketable quantity of border controlled drugs, which plainly satisfied s 501(7), and Nystrom treated s 501 and Pt 2 Div 9 as alternative sources of power.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Application for Review of Administrative Appeals Tribunal Decision Affirming a Decision Not to Revoke Mandatory Visa Cancellation Under S 501 Ca(4) of the Migration Act 1958 (cth) / Federal Court Judgment on Application for Review
Outcome
Application dismissed; Applicant ordered to pay the First Respondent's costs as agreed or, in default of agreement, as assessed.
Legal Topics
['visa Cancellation on Character Grounds' 'mandatory Cancellation' 'revocation of Visa Cancellation' 'procedural Fairness' 'non Refoulement Obligations' 'jurisdictional Error' 'substantial Criminal Record' 'costs']
['migration Law' 'administrative Law'] ['visa Cancellation on Character Grounds' 'mandatory Cancellation' 'revocation of Visa Cancellation' 'procedural Fairness' 'non Refoulement Obligations' 'jurisdictional Error' 'substantial Criminal Record' 'costs']

Case Brief

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Procedural Posture

Application for Review of Administrative Appeals Tribunal Decision Affirming a Decision Not to Revoke Mandatory Visa Cancellation Under S 501 Ca(4) of the Migration Act 1958 (cth) / Federal Court Judgment on Application for Review

Legal Issues

  1. 1 ['Whether the Tribunal denied the Applicant procedural fairness in relation to international non-refoulement obligations and the extent of impediments if removed.' "Whether the Applicant's complaint that he was asked closed questions and was not asked why he left Burkina Faso was supported by evidence before the Court." 'Whether there was any basis to invite the self-represented Applicant to amend his grounds to argue that s 501 of the Migration Act 1958 (Cth) is limited by Pt 2 Div 9 of that Act.' "Whether the Tribunal could rely on the Applicant's conviction and sentence to conclude that he had a substantial criminal record for the purposes of s 501."]

Ratio Decidendi

The application was dismissed because the Applicant adduced no transcript, affidavit or other evidence capable of showing that the Tribunal's questioning or conduct denied him procedural fairness, and the Tribunal's reasons disclosed no self-evident error. The proposed construction argument concerning s 501 had no merit because the Tribunal had evidence of a 10-year sentence for importing a marketable quantity of border controlled drugs, which plainly satisfied s 501(7), and Nystrom treated s 501 and Pt 2 Div 9 as alternative sources of power.

Court Disposition

Application dismissed; Applicant ordered to pay the First Respondent's costs as agreed or, in default of agreement, as assessed.

Orders

  • ['The application be dismissed.' "The Applicant pay the First Respondent's costs of the proceeding, as agreed or in default of agreement as assessed."]