Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240

Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240

A majority of the Court (Spender and Higgins JJ) held that the RRT was functus officio at the time the late submissions were received—the decision had been made when the signed reasons were lodged with the registry. Even if not functus officio, failure to consider the late submissions did not amount to a reviewable error under s 476 because such failure would amount at most to a breach of natural justice, which is excluded as a ground of review. Accordingly, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
16 March 2000
Procedural Posture
Appeal / Full Federal Court Appeal From a Single Judge of the Federal Court
Outcome
appeal dismissed with costs
Legal Topics
['protection Visa' 'judicial Review' 'functus Officio' 'procedural Fairness' 'natural Justice' 'administrative Law' 'migration Act 1958 (cth)']
['immigration'] ['protection Visa' 'judicial Review' 'functus Officio' 'procedural Fairness' 'natural Justice' 'administrative Law' 'migration Act 1958 (cth)']

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Procedural Posture

Appeal / Full Federal Court Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal (RRT) was functus officio when it received further submissions from the appellant after the decision had been signed but before notification to parties' 'Whether the RRT was obliged to consider late submissions received before notification' 'Whether failure to consider the submissions was a reviewable error under s 420(2)(b) and s 476 of the Migration Act 1958']

Ratio Decidendi

A majority of the Court (Spender and Higgins JJ) held that the RRT was functus officio at the time the late submissions were received—the decision had been made when the signed reasons were lodged with the registry. Even if not functus officio, failure to consider the late submissions did not amount to a reviewable error under s 476 because such failure would amount at most to a breach of natural justice, which is excluded as a ground of review. Accordingly, the appeal was dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']