BGB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 11

BGB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 11

There is no error in the primary judge's refusal to provide a settled written form of oral reasons following an ex tempore judgment. The duty to provide adequate reasons was satisfied by the oral reasons, and there is no authority or legislative requirement for a Circuit Court judge to settle or certify a written version. The transcript provided is sufficient; the absence of a formal settled version is not a jurisdictional error or failure to exercise judicial power.

Parties
Appellant: BGB19; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
18 January 2022
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Duty to Give Reasons, Ex Tempore Judgment, Procedural Fairness, Judicial Function, Adequacy of Reasons
Migration Law Administrative Law Duty to Give Reasons Ex Tempore Judgment Procedural Fairness Judicial Function Adequacy of Reasons

Case Brief

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Parties

BGB19

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the primary judge failed to exercise judicial power by not providing formal written reasons after delivering oral (ex tempore) reasons
  2. 2 Whether refusing to provide a settled written form of oral reasons is incompatible with the judicial duty to provide adequate reasons

Ratio Decidendi

There is no error in the primary judge's refusal to provide a settled written form of oral reasons following an ex tempore judgment. The duty to provide adequate reasons was satisfied by the oral reasons, and there is no authority or legislative requirement for a Circuit Court judge to settle or certify a written version. The transcript provided is sufficient; the absence of a formal settled version is not a jurisdictional error or failure to exercise judicial power.

Court Disposition

Appeal dismissed

Orders

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