SZQTU v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 750

SZQTU v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 750

The Tribunal complied with s 425(1) because it issued multiple meaningful invitations and went to considerable lengths over an extended period to arrange an oral hearing. The absence of oral evidence or argument resulted from the first appellant's continuing incapacity, which was unlikely to improve in the foreseeable future. In those circumstances, it was open to the Tribunal to proceed on the material before it, and doing so was not legally unreasonable or otherwise in breach of an express or implied limitation on its powers. The primary judge was correct to dismiss the judicial review application.

Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review / Appeal to the Federal Court of Australia From SZQTU & Ors V Minister for Immigration & Anor [2020] FCCA 1944
Outcome
Appeal dismissed.
Legal Topics
['protection Visas' 'complementary Protection' 'administrative Appeals Tribunal Procedure' 'meaningful Invitation to Appear' 'legal Unreasonableness' 'procedural Fairness' 'medical Incapacity to Participate in Hearing']
['migration' 'administrative Law' 'judicial Review'] ['protection Visas' 'complementary Protection' 'administrative Appeals Tribunal Procedure' 'meaningful Invitation to Appear' 'legal Unreasonableness' 'procedural Fairness' 'medical Incapacity to Participate in Hearing']

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review / Appeal to the Federal Court of Australia From SZQTU & Ors V Minister for Immigration & Anor [2020] FCCA 1944

Legal Issues

  1. 1 ['Whether the Tribunal complied with s 425(1) of the Migration Act 1958 (Cth) by inviting the first appellant to appear to give evidence and present arguments.' "Whether the Tribunal's decision to proceed without receiving oral evidence or oral argument from the first appellant, who was unfit to participate because of his psychiatric condition and unlikely to improve in the foreseeable future, was legally unreasonable." "Whether the primary judge erred in dismissing the application for judicial review of the Tribunal's decision affirming refusal of protection visas."]

Ratio Decidendi

The Tribunal complied with s 425(1) because it issued multiple meaningful invitations and went to considerable lengths over an extended period to arrange an oral hearing. The absence of oral evidence or argument resulted from the first appellant's continuing incapacity, which was unlikely to improve in the foreseeable future. In those circumstances, it was open to the Tribunal to proceed on the material before it, and doing so was not legally unreasonable or otherwise in breach of an express or implied limitation on its powers. The primary judge was correct to dismiss the judicial review application.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's costs of the appeal as taxed or agreed."]