Gomes v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 100

Gomes v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 100

As the respondent conceded the application was competent and no application for summary dismissal had been made, the appropriate course was to allow the appeal, set aside the primary judge's orders, and remit the matter to the primary judge for hearing.

Jurisdiction
Australia
Judgment Date
09 May 2003
Procedural Posture
Appeal / On Appeal From a Judge of the Federal Court of Australia
Outcome
appeal allowed
Legal Topics
['objection to Competency' 'remittal for Hearing' 'review of Tribunal Decision']
['immigration Law'] ['objection to Competency' 'remittal for Hearing' 'review of Tribunal Decision']

Case Brief

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Procedural Posture

Appeal / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the applicant's proceeding was competent following a notice of objection to competency" 'Whether the appeal should be dismissed on the ground that the application is patently without merit']

Ratio Decidendi

As the respondent conceded the application was competent and no application for summary dismissal had been made, the appropriate course was to allow the appeal, set aside the primary judge's orders, and remit the matter to the primary judge for hearing.

Court Disposition

appeal allowed

Orders

  • ['The appeal be allowed and the orders of the primary judge set aside.' 'The matter be remitted to the primary judge for hearing.' "The respondent pay the applicant's costs of the appeal."]