Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66 (15 April 2020) (Katzmann, Mortimer and Bromwich JJ)


Catchwords:


MIGRATION – appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review – where the respondent Minister cancelled a visa under s 501(3) of the Migration Act 1958 (Cth) –whether primary judge erred in finding that the Minister did not misapprehend that he could not seek further information before making a visa cancellation decision – where the Minister made an admission in submissions that he “proceeded on the basis of the alleged misapprehension” –whether the primary judge erred in holding (by reference to the decision in Burgess v Assistant Minister for Home Affairs (2019) 371 ALR 598) that the reasoning in Ibrahim v Minister for Home Affairs [2019] FCAFC 89 concerning the construction of s 501BA of the Migration Act applies to s 501(3) – held – appeal dismissed – Burgess represents the law and the primary judge did not err in finding the Ibrahim construction of s 501BA applies to s 501(3) – the primary judge did not err in giving greater weight to the Minister’s reasons than to the admission – had the Minister proceeded on the misapprehension it would have been material