Minister for Immigration, Multicultural Affairs and Citizenship v SZRNY [2013] FCAFC 104

Minister for Immigration, Multicultural Affairs and Citizenship v SZRNY [2013] FCAFC 104

A visa application is not finally determined for the purpose of s 5(9) Migration Act 1958 (Cth) until the Refugee Review Tribunal has notified both the applicant and the Secretary of its decision in accordance with the Act; notification is a necessary step in completion of the review process under Part 7.

Parties
Appellant: Minister for Immigration, Multicultural Affairs and Citizenship; First Respondent: SZRNY; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
11 September 2013
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Final Determination of Visa Applications, Jurisdictional Error, Notification Requirements in Review Process, Complementary Protection Provisions
Migration Law Administrative Law Final Determination of Visa Applications Jurisdictional Error Notification Requirements in Review Process Complementary Protection Provisions

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Parties

Minister for Immigration, Multicultural Affairs and Citizenship

Appellant

SZRNY

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether a protection visa application was 'finally determined' for the purpose of s 5(9) Migration Act
  2. 2 At what point a delegate's decision ceases to be subject to review under Part 7 of the Migration Act
  3. 3 Whether notification to the applicant is required for finality of determination

Ratio Decidendi

A visa application is not finally determined for the purpose of s 5(9) Migration Act 1958 (Cth) until the Refugee Review Tribunal has notified both the applicant and the Secretary of its decision in accordance with the Act; notification is a necessary step in completion of the review process under Part 7.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of the first respondent.