Govindaswamy v Minister for Immigration and Multicultural Affairs [2000] FCA 1834

Govindaswamy v Minister for Immigration and Multicultural Affairs [2000] FCA 1834

The applicant, having informed the Tribunal that he did not want to come to the hearing, must be taken to have consented to the Tribunal making a decision without him appearing before it. He therefore had no legal right to request to appear after the Tribunal had made its decision, and no material was identified that the Tribunal refused to consider. The application was not made out.

Jurisdiction
Australia
Judgment Date
30 November 2000
Procedural Posture
Application for Review Under Part 8 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Hearing and Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'entitlement to Hearing' 'migration Act 1958 (cth) S 425' 'functus Officio']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'entitlement to Hearing' 'migration Act 1958 (cth) S 425' 'functus Officio']

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Procedural Posture

Application for Review Under Part 8 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Hearing and Judgment

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal was required to comply with the applicant's request for a hearing after it had made, but before it had handed down, its decision." 'Whether the applicant had consented to the Tribunal making a decision without him appearing before it under s 425 of the Migration Act 1958 (Cth).']

Ratio Decidendi

The applicant, having informed the Tribunal that he did not want to come to the hearing, must be taken to have consented to the Tribunal making a decision without him appearing before it. He therefore had no legal right to request to appear after the Tribunal had made its decision, and no material was identified that the Tribunal refused to consider. The application was not made out.

Court Disposition

Application dismissed with costs.

Orders

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