DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75

DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75

The Secretary's conceded failure to form an opinion under s 418(3) did not itself constitute a condition on the validity of the Tribunal's powers under s 426A and did not stultify or derail the Tribunal's statutory functions. Compliance with s 418(3) would not necessarily have required the spreadsheet to be provided to the Tribunal, the appellant could have updated his contact details, and it was not inevitable that the Tribunal's email notice would fail because the Tribunal could also have used the residential address provided. Nor did the Tribunal commit jurisdictional error by not asking the Department about the appellant's whereabouts: any such duty to inquire would be exceptional,...

Jurisdiction
Australia
Judgment Date
07 June 2024
Procedural Posture
Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decisions Dismissing and Confirming Dismissal of a Protection Visa Review Application Under S 426 a of the Migration Act 1958 (cth). / Full Court Appeal; Appeal Dismissed.
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'administrative Appeals Tribunal Review' 'dismissal for Non Appearance' "secretary's Duty Under S 418(3) of the Migration Act 1958 (cth)" 'jurisdictional Error' 'failure to Make Reasonable Inquiry' 'procedural Fairness']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'administrative Appeals Tribunal Review' 'dismissal for Non Appearance' "secretary's Duty Under S 418(3) of the Migration Act 1958 (cth)" 'jurisdictional Error' 'failure to Make Reasonable Inquiry' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decisions Dismissing and Confirming Dismissal of a Protection Visa Review Application Under S 426 a of the Migration Act 1958 (cth). / Full Court Appeal; Appeal Dismissed.

Legal Issues

  1. 1 ["Whether the Secretary's failure to perform the duty under s 418(3) of the Migration Act 1958 (Cth) vitiated the Tribunal's dismissal decision and confirmation decision under s 426A." 'Whether the Tribunal fell into jurisdictional error by failing to inquire of the Department about how the appellant could be contacted after he did not attend the hearing.']

Ratio Decidendi

The Secretary's conceded failure to form an opinion under s 418(3) did not itself constitute a condition on the validity of the Tribunal's powers under s 426A and did not stultify or derail the Tribunal's statutory functions. Compliance with s 418(3) would not necessarily have required the spreadsheet to be provided to the Tribunal, the appellant could have updated his contact details, and it was not inevitable that the Tribunal's email notice would fail because the Tribunal could also have used the residential address provided. Nor did the Tribunal commit jurisdictional error by not asking the Department about the appellant's whereabouts: any such duty to inquire would be exceptional,...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent as agreed or assessed.']