MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11 (15 February 2021) (Allsop CJ, O’Callaghan and Colvin JJ)


Catchwords:


MIGRATION – appeal from decision dismissing application for judicial review of decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of Minister not to revoke mandatory cancellation of visa – where appellant convicted of three counts of sexual offending against step-child and acquitted of fourth count of sexual offending against other step-child – where Tribunal received material relating to fourth count – whether primary judge erred in concluding Tribunal could take contentious material into account – whether primary judge erred in finding Tribunal’s decision not vitiated by jurisdictional error due to apprehended bias – whether contentious material irrelevant – whether Tribunal had no jurisdiction to dispute findings by sentencing judge – appeal dismissed