Singh v Minister for Immigration and Border Protection [2017] FCAFC 67

Singh v Minister for Immigration and Border Protection [2017] FCAFC 67

A review applicant who fails to respond to an information comment invitation under s 359A within the required time loses the entitlement to appear at a hearing before the Tribunal under ss 360(3) and 363A, regardless of whether a hearing invitation has previously issued. The Tribunal then has no power to permit appearance. This construction is dictated by the ordinary meaning of the statutory provisions and supported by binding Full Court authority.

Jurisdiction
Australia
Judgment Date
27 April 2017
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
['procedural Fairness' 'statutory Construction' 'judicial Review' 'natural Justice in Migration Proceedings' 'entitlement to Hearing Before Tribunal']
['administrative Law' 'migration Law'] ['procedural Fairness' 'statutory Construction' 'judicial Review' 'natural Justice in Migration Proceedings' 'entitlement to Hearing Before Tribunal']

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether failure to respond to a s 359A comment invitation extinguishes the right to a hearing under s 360 of the Migration Act 1958 (Cth), even after a hearing invitation has been issued' 'Whether the Tribunal committed jurisdictional error by deciding the application without permitting the appellant to appear at a hearing' 'Whether Division 5 of Part 5 of the Migration Act is an exhaustive statement of natural justice requirements']

Ratio Decidendi

A review applicant who fails to respond to an information comment invitation under s 359A within the required time loses the entitlement to appear at a hearing before the Tribunal under ss 360(3) and 363A, regardless of whether a hearing invitation has previously issued. The Tribunal then has no power to permit appearance. This construction is dictated by the ordinary meaning of the statutory provisions and supported by binding Full Court authority.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The Appellant pay the First Respondent's costs of the appeal."]