Ikupu v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 234

Ikupu v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 234

A quashed decision by the Tribunal remains a 'decision' under s 500(6L) of the Migration Act 1958 (Cth), so the deemed affirmation mechanism does not apply, and the applicant is entitled to mandamus and costs orders.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Judicial Review / Post Quashing, Order for Mandamus and Costs
Outcome
Application granted; order for mandamus and costs issued.
Legal Topics
['procedural Fairness' 'mandamus' 'operation of S 500(6 L) Migration Act' 'costs']
['migration'] ['procedural Fairness' 'mandamus' 'operation of S 500(6 L) Migration Act' 'costs']

Case Brief

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Procedural Posture

Judicial Review / Post Quashing, Order for Mandamus and Costs

Legal Issues

  1. 1 ['Whether s 500(6L) of the Migration Act 1958 (Cth) applies after Tribunal decision quashed' 'Appropriate orders following quashing for procedural fairness' 'Entitlement to mandamus and costs']

Ratio Decidendi

A quashed decision by the Tribunal remains a 'decision' under s 500(6L) of the Migration Act 1958 (Cth), so the deemed affirmation mechanism does not apply, and the applicant is entitled to mandamus and costs orders.

Court Disposition

Application granted; order for mandamus and costs issued.

Orders

  • ["A writ of mandamus issue requiring the Administrative Appeals Tribunal to determine the applicant's application according to law." "The first respondent pay the applicant's costs of the proceeding as agreed or assessed."]