Nguyen v Minister for Home Affairs [2019] FCAFC 128 (09 August 2019) (Jagot, Robertson and Farrell JJ)


Catchwords:


MIGRATION – decision of Minister, personally exercising the power under s 501BA of the Migration Act 1958 (Cth), to set aside revocation decision and to cancel the appellant’s spouse visa – whether Minister’s finding that there was an ongoing likelihood the appellant will re-offend was legally unreasonable – whether the Minister formed the view that he was precluded from inviting the appellant to make submissions or provide further material and thereby misunderstood the operation of s 501BA – Ibrahim v Minister for Home Affairs [2019] FCAFC 89 applied

PRACTICE AND PROCEDURE – appeal from a single judge of the Court – whether leave should be granted to rely on an amended notice of appeal

PRACTICE AND PROCEDURE – appeal from a single judge of the Court – whether Full Court should exercise its discretion to receive further evidence