Miller v Minister for Immigration, Citizenship and Multicultural AffairsCitation:[2024] HCA 13Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:17 Apr 2024Case Number:S120/2023Read more
Non-compliance with s 29(1)(c) of the Administrative Appeals Tribunal Act 1975 (Cth) does not invalidate an application for review or deprive the Tribunal of jurisdiction, as the legislative purpose does not support such a consequence.
- Parties
- Appellant: Appellant; Respondent: Minister for Immigration
- Jurisdiction
- Australia
- Judgment Date
- 17 April 2024
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Condition Precedent, Jurisdiction, Non Compliance With Statutory Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Minister for Immigration
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether non-compliance with s 29(1)(c) of the Administrative Appeals Tribunal Act 1975 (Cth) invalidates an application for review and deprives the Tribunal of jurisdiction
- 2 Whether legislative purpose supports invalidity for failure to include a statement of reasons in the application
Ratio Decidendi
Non-compliance with s 29(1)(c) of the Administrative Appeals Tribunal Act 1975 (Cth) does not invalidate an application for review or deprive the Tribunal of jurisdiction, as the legislative purpose does not support such a consequence.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The decision of the Tribunal is set aside.
Full Case Text
Judgment text and source record
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