Somjich v Minister for Home Affairs [2019] FCA 1921

Somjich v Minister for Home Affairs [2019] FCA 1921

The Tribunal failed to consider centrally relevant evidence—namely, the statutory declarations of Ms Janthorn and Mr Roweth. As this evidence was material to the appellant's claim of family violence, the failure to consider it constituted jurisdictional error, requiring the Tribunal's decision to be quashed and reconsidered according to law.

Parties
Appellant: Jarrukit Somjich; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court Decision
Outcome
Appeal allowed
Legal Topics
Judicial Review, Natural Justice, Failure to Consider Evidence, Jurisdictional Error, Visa Cancellation
Administrative Law Migration Law Human Rights Law Judicial Review Natural Justice Failure to Consider Evidence Jurisdictional Error Visa Cancellation

Case Brief

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Parties

Jarrukit Somjich

Appellant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether it was unjust for the appellant to be bound by an error made by previous counsel
  2. 2 Whether the Tribunal failed to consider important evidence amounting to jurisdictional error
  3. 3 Whether there was a denial of natural justice due to an invitation to comment being sent to the wrong email address

Ratio Decidendi

The Tribunal failed to consider centrally relevant evidence—namely, the statutory declarations of Ms Janthorn and Mr Roweth. As this evidence was material to the appellant's claim of family violence, the failure to consider it constituted jurisdictional error, requiring the Tribunal's decision to be quashed and reconsidered according to law.

Court Disposition

Appeal allowed

Orders

  • The appellant has leave to file an amended notice of appeal as per the draft attached to the supplementary submissions of 6 September 2019.
  • The appeal is allowed.