Chen v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1028

Chen v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1028

Section 25(2B)(b) empowered a single judge to make the consent orders disposing of the appeal, and the parties' agreed reasons established a foundation for exercising appellate jurisdiction because the court below materially denied the appellant procedural fairness; the matter should be remitted for rehearing before a differently constituted court.

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Appeal From the Federal Circuit and Family Court of Australia (division 2) / Consent Orders Disposing of Appeal
Outcome
Appeal allowed by consent; orders of the Federal Circuit and Family Court of Australia (Division 2) set aside; application remitted to that court differently constituted for rehearing and redetermination according to law.
Legal Topics
['judicial Review' 'consent Orders on Appeal' 'denial of Adjournment' 'self Represented Litigant' 'migration Agent Fraud' 'remittal to Differently Constituted Court']
['administrative Law' 'migration Law' 'procedural Fairness'] ['judicial Review' 'consent Orders on Appeal' 'denial of Adjournment' 'self Represented Litigant' 'migration Agent Fraud' 'remittal to Differently Constituted Court']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit and Family Court of Australia (division 2) / Consent Orders Disposing of Appeal

Legal Issues

  1. 1 ['Whether a single judge could make consent orders disposing of the appeal under s 25(2B)(b) of the Federal Court of Australia Act 1976 (Cth).' 'Whether the court below denied the appellant procedural fairness in the hearing of the judicial review application.' 'Whether the remitted application should be heard by a differently constituted court.']

Ratio Decidendi

Section 25(2B)(b) empowered a single judge to make the consent orders disposing of the appeal, and the parties' agreed reasons established a foundation for exercising appellate jurisdiction because the court below materially denied the appellant procedural fairness; the matter should be remitted for rehearing before a differently constituted court.

Court Disposition

Appeal allowed by consent; orders of the Federal Circuit and Family Court of Australia (Division 2) set aside; application remitted to that court differently constituted for rehearing and redetermination according to law.

Orders

  • ['The name of the first respondent be amended to the Minister for Immigration, Citizenship and Multicultural Affairs.' 'The appeal be allowed.' 'The orders of the Federal Circuit and Family Court of Australia (Division 2) made on 20 February 2023 be set aside.' 'The application to the court below be remitted to that...