Demillo v Minister for Immigration and Border Protection [2013] FCAFC 134

Demillo v Minister for Immigration and Border Protection [2013] FCAFC 134

The appeal was dismissed because the appellant did not demonstrate any jurisdictional error by the Administrative Appeals Tribunal or any error by the primary judge. The Tribunal gave the appellant an adequate opportunity to respond to the Minister's material, the refusal to adjourn did not cause identified prejudice or deny a possibility of a different outcome, there was no demonstrated loss of legal representation that would otherwise have been obtained, and the Tribunal was obliged to apply s 500(6H) of the Migration Act 1958 (Cth) in refusing to receive unspecified oral evidence from the appellant's daughter without the required prior written statement.

Jurisdiction
Australia
Judgment Date
21 November 2013
Procedural Posture
Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Cancellation of Visa on Character Grounds / Appeal to the Full Court of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['visa Cancellation on Character Grounds' 'jurisdictional Error' 'procedural Fairness' 'adjournment' 'administrative Appeals Tribunal Review' 'evidence Under S 500(6 H) of the Migration Act 1958 (cth)']
['migration Law' 'administrative Law'] ['visa Cancellation on Character Grounds' 'jurisdictional Error' 'procedural Fairness' 'adjournment' 'administrative Appeals Tribunal Review' 'evidence Under S 500(6 H) of the Migration Act 1958 (cth)']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Cancellation of Visa on Character Grounds / Appeal to the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal denied procedural fairness by refusing an adjournment after late service of Ministerial material.' 'Whether the Administrative Appeals Tribunal denied procedural fairness by proceeding when the appellant wished to obtain legal representation.' "Whether the Administrative Appeals Tribunal committed jurisdictional error by refusing to permit the appellant's daughter to give oral evidence where no written statement had been given to the Minister in accordance with s 500(6H) of the Migration Act 1958 (Cth)." 'Whether the primary judge erred in finding that the Administrative Appeals Tribunal had not fallen into jurisdictional error.']

Ratio Decidendi

The appeal was dismissed because the appellant did not demonstrate any jurisdictional error by the Administrative Appeals Tribunal or any error by the primary judge. The Tribunal gave the appellant an adequate opportunity to respond to the Minister's material, the refusal to adjourn did not cause identified prejudice or deny a possibility of a different outcome, there was no demonstrated loss of legal representation that would otherwise have been obtained, and the Tribunal was obliged to apply s 500(6H) of the Migration Act 1958 (Cth) in refusing to receive unspecified oral evidence from the appellant's daughter without the required prior written statement.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' 'The appellant pay the costs of the first respondent to be taxed if not agreed.']