Applicant S353/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 227

Applicant S353/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 227

There was no reasonable foundation for claiming jurisdictional error, save for a possible question arising under s 424A of the Migration Act relating to whether information used by the Tribunal required notice to the applicant; the matter is adjourned for further submissions from an amicus curiae due to the complexity and lack of material on this issue.

Jurisdiction
Australia
Judgment Date
13 March 2006
Procedural Posture
Application for Leave to Appeal / Interlocutory; Adjournment and Directions for Further Submissions
Outcome
Proceeded to further directions; adjournment granted for written submissions by amicus curiae; no final disposition on leave application
Legal Topics
['leave to Appeal' 'jurisdictional Error' 's 424 a Migration Act 1958' 'bias' 'federal Court Procedure' 'amicus Curiae']
['immigration Law' 'administrative Law'] ['leave to Appeal' 'jurisdictional Error' 's 424 a Migration Act 1958' 'bias' 'federal Court Procedure' 'amicus Curiae']

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Procedural Posture

Application for Leave to Appeal / Interlocutory; Adjournment and Directions for Further Submissions

Legal Issues

  1. 1 ["Whether there was any reasonable foundation for a claim of jurisdictional error in the Tribunal's decision" 'Whether the primary judge erred in failing to consider a possible argument under s 424A of the Migration Act 1958' "Whether an adjournment should be granted in light of the applicant's non-attendance and request to postpone"]

Ratio Decidendi

There was no reasonable foundation for claiming jurisdictional error, save for a possible question arising under s 424A of the Migration Act relating to whether information used by the Tribunal required notice to the applicant; the matter is adjourned for further submissions from an amicus curiae due to the complexity and lack of material on this issue.

Court Disposition

Proceeded to further directions; adjournment granted for written submissions by amicus curiae; no final disposition on leave application

Orders

  • ['The proceeding stand over to 9:30am Wednesday 26th April 2006.' 'The registrar approach the NSW Bar Association to obtain a barrister either as amicus curiae or under O 80 of the Federal Court Rules to provide written submissions to the Court prior to 26 April 2006 on the proper approach which should be taken to...