CCI17 v Minister for Home Affairs [2019] FCA 392

CCI17 v Minister for Home Affairs [2019] FCA 392

There was no jurisdictional error by the Tribunal in making its determination under s 426A of the Migration Act 1958 (Cth) after the appellant failed to appear and provide further information; the Tribunal acted in accordance with its powers and procedures. The FCC judge did not err in dismissing the application for judicial review.

Jurisdiction
Australia
Judgment Date
19 February 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'administrative Appeals Tribunal Procedures']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'administrative Appeals Tribunal Procedures']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal erred in not offering further opportunity to provide information before making its decision under s 426A of the Migration Act 1958 (Cth)' "Whether the Tribunal's decision constituted jurisdictional error" "Whether the FCC erred in failing to find jurisdictional error in the Tribunal's decision"]

Ratio Decidendi

There was no jurisdictional error by the Tribunal in making its determination under s 426A of the Migration Act 1958 (Cth) after the appellant failed to appear and provide further information; the Tribunal acted in accordance with its powers and procedures. The FCC judge did not err in dismissing the application for judicial review.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]