Semunigus v Minister for Immigration & Multicultural Affairs [1999] FCA 422

Semunigus v Minister for Immigration & Multicultural Affairs [1999] FCA 422

The Tribunal was not legally obliged to apply the procedures of the UNHCR Handbook, as the Handbook is not binding under the Migration Act nor as a matter of international law. The decision of the Tribunal was made on 12 June 1998, at which point the Tribunal was functus officio; therefore, it had no obligation to consider the further submissions filed after that date.

Parties
Applicant: Getachew Semunigus; First Respondent: The Minister for Immigration and Multicultural Affairs; Second Respondent: Mr Brendan Kissane constituting the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
14 April 1999
Procedural Posture
Appeal / Judgment on Appeal From the Refugee Review Tribunal
Outcome
application dismissed
Legal Topics
Procedures for Determining Refugee Status, Interpretation of Migration Act S 36(2), Binding Effect of UNHCR Handbook, Functus Officio and Timing of Tribunal Decisions
Administrative Law Migration Law Procedures for Determining Refugee Status Interpretation of Migration Act S 36(2) Binding Effect of UNHCR Handbook Functus Officio and Timing of Tribunal Decisions

Case Brief

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Parties

Getachew Semunigus

Applicant

The Minister for Immigration and Multicultural Affairs

First Respondent

Mr Brendan Kissane constituting the Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Refugee Review Tribunal

Legal Issues

  1. 1 Whether the Refugee Review Tribunal is legally obliged to apply the procedures in the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status
  2. 2 Whether the Tribunal was functus officio at the time when further submissions were made

Ratio Decidendi

The Tribunal was not legally obliged to apply the procedures of the UNHCR Handbook, as the Handbook is not binding under the Migration Act nor as a matter of international law. The decision of the Tribunal was made on 12 June 1998, at which point the Tribunal was functus officio; therefore, it had no obligation to consider the further submissions filed after that date.

Court Disposition

application dismissed

Orders

  • The application be dismissed.