Minister for Immigration and Citizenship v Saba Bros Tiling Pty Ltd [2011] FCA 233

Minister for Immigration and Citizenship v Saba Bros Tiling Pty Ltd [2011] FCA 233

The 22 February 2010 letter was a response to the information in the Tribunal's invitation within time. Therefore s 359C(2)(b) was not satisfied, s 359C(2) did not apply, and the Tribunal was required by s 360(1) to invite Saba Bros to appear before it. The Tribunal's failure to do so was jurisdictional error, so the Federal Magistrate was correct to set aside the Tribunal's decision and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
18 March 2011
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Federal Court Appeal Against Orders Setting Aside a Migration Review Tribunal Decision for Jurisdictional Error and Remitting the Matter to the Tribunal
Outcome
Appeal dismissed with costs.
Legal Topics
['migration Review Tribunal Procedure' 'section 359 a Invitation' 'section 359 C Response' 'right to Appear Before Tribunal' 'jurisdictional Fact' 'jurisdictional Error' 'employer Nomination Scheme']
['administrative Law' 'migration Law' 'statutory Interpretation'] ['migration Review Tribunal Procedure' 'section 359 a Invitation' 'section 359 C Response' 'right to Appear Before Tribunal' 'jurisdictional Fact' 'jurisdictional Error' 'employer Nomination Scheme']

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Federal Court Appeal Against Orders Setting Aside a Migration Review Tribunal Decision for Jurisdictional Error and Remitting the Matter to the Tribunal

Legal Issues

  1. 1 ['Whether Saba Bros Tiling Pty Ltd had responded to information put to it purportedly under s 359A of the Migration Act 1958 (Cth) so that s 359C(2) did not apply.' "Whether the Migration Review Tribunal's invitation was an invitation under s 359A where the identified information could not rationally have been a reason or part of the reason for affirming the decision under review." 'Whether the Tribunal committed jurisdictional error by deciding the review without inviting Saba Bros Tiling Pty Ltd to appear before it under s 360(1).']

Ratio Decidendi

The 22 February 2010 letter was a response to the information in the Tribunal's invitation within time. Therefore s 359C(2)(b) was not satisfied, s 359C(2) did not apply, and the Tribunal was required by s 360(1) to invite Saba Bros to appear before it. The Tribunal's failure to do so was jurisdictional error, so the Federal Magistrate was correct to set aside the Tribunal's decision and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or taxed."]