Applicant S1836/2003 v Minister for Immigration and Citizenship [2008] FCA 1176

Applicant S1836/2003 v Minister for Immigration and Citizenship [2008] FCA 1176

Because the Tribunal had already reviewed the delegate's decision and the original Tribunal decision was not attended by jurisdictional error, the Tribunal was not empowered to conduct another review; therefore the Federal Magistrate was correct to dismiss the application for review of the fourth Tribunal decision.

Jurisdiction
Australia
Judgment Date
21 August 2008
Procedural Posture
Application for Leave to Appeal in Migration Judicial Review Proceedings / Leave to Appeal From a Federal Magistrate's Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'functus Officio' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'functus Officio' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal in Migration Judicial Review Proceedings / Leave to Appeal From a Federal Magistrate's Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal was bound or empowered to review a delegate's decision where that delegate's decision had already been reviewed by the Tribunal in a manner not attended by jurisdictional error."]

Ratio Decidendi

Because the Tribunal had already reviewed the delegate's decision and the original Tribunal decision was not attended by jurisdictional error, the Tribunal was not empowered to conduct another review; therefore the Federal Magistrate was correct to dismiss the application for review of the fourth Tribunal decision.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Leave to appeal is granted.' 'The appeal be dismissed with costs.']