AVN20 v Federal Circuit Court of Australia [2020] FCA 584

AVN20 v Federal Circuit Court of Australia [2020] FCA 584

A breach of s 91X of the Migration Act, although clear, does not constitute jurisdictional error and does not invalidate the judgment of the Federal Circuit Court. The applicants could have raised the issue on appeal but did not do so. The application is not an abuse of process but nevertheless fails, as s 91X does not deprive the FCCA of jurisdiction nor does its breach entitle applicants to the relief sought.

Parties
First Applicant: AVN20; Second Applicant: AVO20; Third Applicant: AVP20 (BY HIS/HER LITIGATION REPRESENTATIVE AVN20); Fourth Applicant: AVQ20 (BY HIS/HER LITIGATION REPRESENTATIVE AVN20); First Respondent: Federal Circuit Court of Australia; Second Respondent: Minister for Home Affairs
Jurisdiction
Australia
Judgment Date
04 May 2020
Procedural Posture
Application for Judicial Review / Federal Court Decision on Application Under S 39 B of Judiciary Act 1903 (cth)
Outcome
Application dismissed
Legal Topics
Jurisdictional Error, Judicial Review, Statutory Interpretation, Procedural Fairness, Abuse of Process, Publication of Names in Migration Proceedings
Administrative Law Migration Law Constitutional Law Jurisdictional Error Judicial Review Statutory Interpretation Procedural Fairness Abuse of Process +1 more

Case Brief

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Parties

AVN20

First Applicant

AVO20

Second Applicant

AVP20 (BY HIS/HER LITIGATION REPRESENTATIVE AVN20)

Third Applicant

AVQ20 (BY HIS/HER LITIGATION REPRESENTATIVE AVN20)

Fourth Applicant

Federal Circuit Court of Australia

First Respondent

Minister for Home Affairs

Second Respondent

Procedural Posture

Application for Judicial Review / Federal Court Decision on Application Under S 39 B of Judiciary Act 1903 (cth)

Legal Issues

  1. 1 Whether a breach of s 91X of the Migration Act 1958 (Cth) by the Federal Circuit Court amounts to jurisdictional error invalidating its judgment
  2. 2 Whether an abuse of process arises because the s 91X issue could and should have been raised in earlier proceedings
  3. 3 Whether denial of procedural fairness occurred by publishing applicants’ names without opportunity to be heard

Ratio Decidendi

A breach of s 91X of the Migration Act, although clear, does not constitute jurisdictional error and does not invalidate the judgment of the Federal Circuit Court. The applicants could have raised the issue on appeal but did not do so. The application is not an abuse of process but nevertheless fails, as s 91X does not deprive the FCCA of jurisdiction nor does its breach entitle applicants to the relief sought.

Court Disposition

Application dismissed

Orders

  • Henceforth in this proceeding the first respondent be styled The Federal Circuit Court of Australia.
  • The application made under s 39B of the Judiciary Act 1903 (Cth) be dismissed.