Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1109

Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1109

The appeals were allowed because the primary judge did not grapple with or determine the judicial review grounds actually advanced and therefore failed to give adequate reasons. The Federal Court refused to entertain the Minister's out-of-time notices of contention because doing so would require the appellate court to undertake the first-instance judicial review task despite the statutory allocation of original jurisdiction to the Circuit Court, and the grounds were not so obviously futile as to justify that course. The applications for judicial review were therefore remitted for determination according to law.

Jurisdiction
Australia
Judgment Date
20 September 2022
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review Decisions / Appeal to the Federal Court of Australia
Outcome
Appeals allowed; the first respondent's application for an extension of time to file a notice of contention dismissed; primary judge's orders set aside; applications for judicial review remitted to the Federal Circuit and Family Court of Australia (Division 2) for determination according to law.
Legal Topics
['student Guardian Visa' 'student Visa' 'administrative Appeals Tribunal' 'judicial Review' 'procedural Fairness' 'adequacy of Reasons' 'notice of Contention' 'extension of Time' 'notification of Review Rights']
['migration Law' 'administrative Law'] ['student Guardian Visa' 'student Visa' 'administrative Appeals Tribunal' 'judicial Review' 'procedural Fairness' 'adequacy of Reasons' 'notice of Contention' 'extension of Time' 'notification of Review Rights']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review Decisions / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the primary judge failed to give adequate reasons and failed to determine the grounds for judicial review advanced by the appellants.' 'Whether the Court should grant the Minister an extension of time to rely on notices of contention asking the Federal Court to determine the judicial review grounds on their substantive merits.' 'Whether alleged failures by the Tribunal to comply with s 360 of the Migration Act 1958 (Cth) and afford procedural fairness should be determined by the Federal Court on appeal or remitted.' "Whether the notification letter concerning Miss Gjoni stated the time for review so that the Tribunal's review time limit had expired."]

Ratio Decidendi

The appeals were allowed because the primary judge did not grapple with or determine the judicial review grounds actually advanced and therefore failed to give adequate reasons. The Federal Court refused to entertain the Minister's out-of-time notices of contention because doing so would require the appellate court to undertake the first-instance judicial review task despite the statutory allocation of original jurisdiction to the Circuit Court, and the grounds were not so obviously futile as to justify that course. The applications for judicial review were therefore remitted for determination according to law.

Court Disposition

Appeals allowed; the first respondent's application for an extension of time to file a notice of contention dismissed; primary judge's orders set aside; applications for judicial review remitted to the Federal Circuit and Family Court of Australia (Division 2) for determination according to law.

Orders

  • ["The first respondent's application for an extension of time to file a notice of contention is dismissed." 'The appeal is allowed.' 'The orders of the primary judge made on 26 March 2021 be set aside.' "The appellant's application for judicial review be remitted to the Federal Circuit and Family Court of Australia...