Kaur v Minister for Immigration and Border Protection [2020] FCA 1677

Kaur v Minister for Immigration and Border Protection [2020] FCA 1677

The Federal Circuit Court was correct: under ss 359C, 360(3) and 363A of the Migration Act, the Tribunal had no power to permit appellants to appear or to give evidence after they failed to respond to an invitation under s 359A; s 363 does not expressly override this limitation.

Jurisdiction
Australia
Judgment Date
19 November 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['judicial Review of Migration Decisions' 'statutory Construction' 'tribunal Procedures']
['administrative Law' 'migration Law'] ['judicial Review of Migration Decisions' 'statutory Construction' 'tribunal Procedures']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal had power to take evidence from appellants after failure to respond to s 359A invitation' 'Interpretation of ss 359C, 360(3), 363 and 363A of the Migration Act 1958 (Cth)']

Ratio Decidendi

The Federal Circuit Court was correct: under ss 359C, 360(3) and 363A of the Migration Act, the Tribunal had no power to permit appellants to appear or to give evidence after they failed to respond to an invitation under s 359A; s 363 does not expressly override this limitation.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's costs, such costs to be taxed in default of agreement."]