Khadgi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 991

Khadgi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 991

The appeal was dismissed because the primary judge was correct to find no jurisdictional error. The RSVI form clearly asked whether the appellant consented to the Tribunal deciding the review without a hearing and explained that he would not be invited to appear to give evidence and present arguments. The appellant, who was represented by a migration agent, gave consent, and the Tribunal was entitled under s 360(2)(b) of the Migration Act 1958 (Cth) to decide the review without a hearing. The appellant was also put on notice that a current Confirmation of Enrolment was required, had an opportunity to provide information and documents, and the evidence before the Tribunal showed he did not...

Jurisdiction
Australia
Judgment Date
20 August 2021
Procedural Posture
Migration Appeal From Federal Circuit Court Judgment / Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['student Visa Refusal' 'administrative Appeals Tribunal Review on the Papers' 'consent to Decision Without a Hearing' 'jurisdictional Error' 'meaningful Review Proceeding' 'confirmation of Enrolment']
['migration' 'administrative Law'] ['student Visa Refusal' 'administrative Appeals Tribunal Review on the Papers' 'consent to Decision Without a Hearing' 'jurisdictional Error' 'meaningful Review Proceeding' 'confirmation of Enrolment']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Judgment / Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the primary judge erred in finding that the appellant consented to the Administrative Appeals Tribunal determining the review without a hearing.' 'Whether the primary judge erred in failing to find that the Tribunal acted outside its jurisdiction or contrary to the Migration Act 1958 (Cth) in the manner it sought consent to decide the review on the papers.' 'Whether the primary judge erred in failing to find that the appellant was denied a meaningful review proceeding.' 'Whether the Tribunal was obliged to take further steps under s 359A of the Migration Act 1958 (Cth).']

Ratio Decidendi

The appeal was dismissed because the primary judge was correct to find no jurisdictional error. The RSVI form clearly asked whether the appellant consented to the Tribunal deciding the review without a hearing and explained that he would not be invited to appear to give evidence and present arguments. The appellant, who was represented by a migration agent, gave consent, and the Tribunal was entitled under s 360(2)(b) of the Migration Act 1958 (Cth) to decide the review without a hearing. The appellant was also put on notice that a current Confirmation of Enrolment was required, had an opportunity to provide information and documents, and the evidence before the Tribunal showed he did not...

Court Disposition

Appeal dismissed with costs.

Orders

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