DZY17 v Minister for Home Affairs [2018] FCAFC 196

DZY17 v Minister for Home Affairs [2018] FCAFC 196

Non-compliance with the disclosure requirement in s 486D(1) of the Migration Act 1958 (Cth) is a jurisdictional precondition which, if not met, deprives the Federal Circuit Court of Australia of jurisdiction to hear and determine the proceedings. The application for leave to appeal was dismissed as the applicant had not disclosed the previous judicial review application, and substantial injustice had not been established.

Parties
Applicant: DZY17; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From FCCA Judgment and Orders
Outcome
Application for leave to appeal dismissed
Legal Topics
Judicial Review, Jurisdictional Precondition, Disclosure Requirement, Abuse of Process
Migration Law Administrative Law Judicial Review Jurisdictional Precondition Disclosure Requirement Abuse of Process

Case Brief

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Parties

DZY17

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From FCCA Judgment and Orders

Legal Issues

  1. 1 Whether failure to comply with s 486D of the Migration Act 1958 (Cth) is a jurisdictional precondition depriving the FCCA of jurisdiction to hear and determine a second judicial review application in relation to the same tribunal decision
  2. 2 Whether the primary judge erred by not permitting withdrawal of the notice of discontinuance and failed to apply relevant precedents
  3. 3 Whether leave to appeal should be granted based on sufficient doubt and risk of substantial injustice

Ratio Decidendi

Non-compliance with the disclosure requirement in s 486D(1) of the Migration Act 1958 (Cth) is a jurisdictional precondition which, if not met, deprives the Federal Circuit Court of Australia of jurisdiction to hear and determine the proceedings. The application for leave to appeal was dismissed as the applicant had not disclosed the previous judicial review application, and substantial injustice had not been established.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The name of the first respondent be changed to Minister for Home Affairs.
  • The application for leave to appeal be dismissed.