CAM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 923

CAM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 923

The Tribunal acted legally unreasonably and fell into jurisdictional error by purporting to satisfy the notice requirements in s 426B(5) by emailing the dismissal decision and reinstatement information to the appellant's nominated email address when the Case Note showed that the appellant had expressly said he had not received the hearing notice because he had recently changed his email address. In those circumstances the inference that he must have received notice was not reasonably open, the use of that email address lacked an evident and intelligible justification, and the appellant was not given a real and meaningful opportunity to apply for reinstatement under s 426A(1B). The primary...

Jurisdiction
Australia
Judgment Date
10 August 2022
Procedural Posture
Migration Appeal From Federal Circuit Court of Australia Judicial Review Decision / Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Confirmation Decision
Outcome
Appeal allowed; primary judge's orders set aside; Tribunal decision quashed and matter remitted to the Tribunal differently constituted.
Legal Topics
['protection Visa Review' 'non Appearance at Tribunal Hearing' 'notice by Email' 'legal Unreasonableness' 'jurisdictional Error' 'reinstatement After Dismissal']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa Review' 'non Appearance at Tribunal Hearing' 'notice by Email' 'legal Unreasonableness' 'jurisdictional Error' 'reinstatement After Dismissal']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court of Australia Judicial Review Decision / Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Confirmation Decision

Legal Issues

  1. 1 ["Whether the Tribunal acted legally unreasonably by sending the written dismissal statement and statutory reinstatement information to the appellant's previously nominated email address after being told he had changed email address and had not received the hearing notice." 'Whether the appellant had been given a real and meaningful opportunity to apply for reinstatement under s 426A(1B) of the Migration Act 1958 (Cth).' "Whether the primary judge erred in failing to find jurisdictional error in the Tribunal's confirmation decision under s 426A(1E)."]

Ratio Decidendi

The Tribunal acted legally unreasonably and fell into jurisdictional error by purporting to satisfy the notice requirements in s 426B(5) by emailing the dismissal decision and reinstatement information to the appellant's nominated email address when the Case Note showed that the appellant had expressly said he had not received the hearing notice because he had recently changed his email address. In those circumstances the inference that he must have received notice was not reasonably open, the use of that email address lacked an evident and intelligible justification, and the appellant was not given a real and meaningful opportunity to apply for reinstatement under s 426A(1B). The primary...

Court Disposition

Appeal allowed; primary judge's orders set aside; Tribunal decision quashed and matter remitted to the Tribunal differently constituted.

Orders

  • ['The appeal be allowed.' 'Orders 2 and 3 of the primary judge made on 23 August 2019 be set aside and in lieu thereof it be ordered that: (a) the decision of the second respondent (Tribunal) dated 19 April 2017 be quashed; and (b) the matter be remitted to the Tribunal, constituted by a different member, for...