ALD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1286

ALD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1286

The appellant's grounds fail because the Tribunal properly exercised its discretion under s 426A after invitation requirements were met and the appellant failed to attend; there was no jurisdictional error in procedural fairness, nor in non-disclosure of information attached to a s 438 certificate, and absent attendance the applicant was not denied any material opportunity.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Judicial Review Appeal / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'procedural Fairness' 'protection Visa' 'discretion Under S 426 a of Migration Act' 'non Disclosure Under S 438 of Migration Act']
['administrative Law' 'migration Law'] ['judicial Review' 'procedural Fairness' 'protection Visa' 'discretion Under S 426 a of Migration Act' 'non Disclosure Under S 438 of Migration Act']

Case Brief

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Procedural Posture

Judicial Review Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether Tribunal erred in exercising its discretion under s 426A of the Migration Act to make a decision without further action to enable the appellant to appear' 'Whether FCCA Judge erred regarding procedural fairness and non-disclosure of information under s 438 of the Migration Act' 'Whether grounds of appeal relating to harshness, interpreter, risk assessment and error by primary judge are valid']

Ratio Decidendi

The appellant's grounds fail because the Tribunal properly exercised its discretion under s 426A after invitation requirements were met and the appellant failed to attend; there was no jurisdictional error in procedural fairness, nor in non-disclosure of information attached to a s 438 certificate, and absent attendance the applicant was not denied any material opportunity.

Court Disposition

Appeal dismissed

Orders

  • ['The name of the first respondent amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'Leave refused to appellant to rely on grounds 3 and 4 of amended notice of appeal.' 'Appeal dismissed.' "Appellant must pay first respondent's costs as agreed or taxed."]