BFN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 12

BFN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 12

The primary judge did not err in refusing to provide settled written reasons after an ex tempore judgment, as the duty to provide reasons was discharged by the oral reasons, and there is no statutory or common law requirement for settled written reasons in these circumstances; appeal dismissed.

Jurisdiction
Australia
Judgment Date
18 January 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'adequacy of Reasons' 'procedural Fairness' 'ex Tempore Judgments']
['administrative Law' 'migration Law'] ['judicial Review' 'adequacy of Reasons' 'procedural Fairness' 'ex Tempore Judgments']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Did the primary judge err in failing to provide a written form of reasons settled by the Court after delivering ex tempore reasons?' 'Was there a failure to validly exercise judicial power by not settling written reasons?']

Ratio Decidendi

The primary judge did not err in refusing to provide settled written reasons after an ex tempore judgment, as the duty to provide reasons was discharged by the oral reasons, and there is no statutory or common law requirement for settled written reasons in these circumstances; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or taxed."]