Vo v Minister for Home Affairs [2020] FCA 468

Vo v Minister for Home Affairs [2020] FCA 468

The Tribunal, having issued an invitation under s 360(1) to a further hearing, had a duty to conduct that hearing as part of its statutory review process. Its failure to do so, without proper explanation, amounted to a failure to discharge its statutory function and therefore to jurisdictional error. The primary judge erred in not so finding.

Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Appeal / Federal Court Appeal From Federal Circuit Court's Dismissal of Judicial Review
Outcome
Appeal allowed
Legal Topics
['judicial Review' 'tribunal Procedure' 'natural Justice' 'procedural Fairness' 'jurisdictional Error']
['migration Law'] ['judicial Review' 'tribunal Procedure' 'natural Justice' 'procedural Fairness' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Federal Court Appeal From Federal Circuit Court's Dismissal of Judicial Review

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal, having issued an invitation to a further hearing under s 360(1) of the Migration Act 1958 (Cth), was obligated to proceed with that hearing' 'Whether the failure to conduct the invited hearing resulted in jurisdictional error' 'Whether the primary judge erred in finding no jurisdictional error']

Ratio Decidendi

The Tribunal, having issued an invitation under s 360(1) to a further hearing, had a duty to conduct that hearing as part of its statutory review process. Its failure to do so, without proper explanation, amounted to a failure to discharge its statutory function and therefore to jurisdictional error. The primary judge erred in not so finding.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'The orders made by the Federal Circuit Court of Australia on 18 March 2019 are set aside.' 'The decision of the Administrative Appeals Tribunal made on 9 August 2018 is set aside.' "The appellant's application is remitted to the Administrative Appeals Tribunal to be heard and determined...