Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Nusipepa sought judicial review of a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his visa on the basis that he posed a risk to individuals in the Australian community. The Federal Circuit Court dismissed the application, and Nusipepa now appeals against that decision. The primary issue before the court was whether Nusipepa should be granted leave to rely on an amended notice of appeal, which included four proposed grounds of appeal, none of which were raised before the primary judge. The court found that leave should be refused and the appeal dismissed.

The court considered each proposed ground of appeal in turn. Firstly, the court rejected the argument that the primary judge erred in finding that the certificate issued by the Minister's delegate was valid, as Nusipepa had not identified any iniquity or made any argument as to waiver before the primary judge. Secondly, the court found that even if some of the information or documents covered by the second certificate were not properly certified, this did not give rise to jurisdictional error as the error was not material. Thirdly, the court held that the primary judge was correct in finding that the Tribunal did not fail to invite Nusipepa to address matters pursuant to s 360 of the Migration Act 1958 (Cth). Finally, the court found no error in the primary judge's finding that there was no apprehension of bias affecting the decision of the Tribunal.

The court held that the proposed grounds of appeal were not meritorious, and that there was no material error by the primary judge. The application for leave to rely on an amended notice of appeal was dismissed, and the appeal was dismissed with costs.