Lau v Minister for Immigration and Citizenship (No 2) [2007] FCA 1088

Lau v Minister for Immigration and Citizenship (No 2) [2007] FCA 1088

MSI 368 was not a binding instrument issued under statutory authority, and thus the Migration Review Tribunal was not legally required to comply with its directions; therefore, failure to follow MSI 368 did not amount to jurisdictional error.

Jurisdiction
Australia
Judgment Date
27 July 2007
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
['discretion Under S 116(1) Migration Act' 'jurisdictional Error' 'ministerial Guidelines and Binding Obligations']
['migration Law' 'administrative Law'] ['discretion Under S 116(1) Migration Act' 'jurisdictional Error' 'ministerial Guidelines and Binding Obligations']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Migration Review Tribunal was obliged to comply with Migration Series Instruction 368 (MSI 368) when exercising discretion under s 116(1) of the Migration Act 1958 (Cth)' 'Whether failure to comply with MSI 368 constituted jurisdictional error']

Ratio Decidendi

MSI 368 was not a binding instrument issued under statutory authority, and thus the Migration Review Tribunal was not legally required to comply with its directions; therefore, failure to follow MSI 368 did not amount to jurisdictional error.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The appellant pay to the first respondent his costs of the appeal and of the application for leave to appeal out of time.']