Dempsey, Thomas Christopher v Minister for Immigration & Multicultural Affairs [1998] FCA 139

Dempsey, Thomas Christopher v Minister for Immigration & Multicultural Affairs [1998] FCA 139

The Tribunal incorrectly applied the law by failing to consider whether departure of the applicant on 15 October 1990 would cause irreparable prejudice, including future effects, as required by cl 812.723(6), and by not taking into account events occurring after 15 October 1990.

Jurisdiction
Australia
Judgment Date
26 February 1998
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed; Tribunal decision set aside; matter remitted to Tribunal; costs ordered against respondent.
Legal Topics
['visa Decision Review' 'compassionate Grounds' 'irreparable Prejudice' 'extreme Hardship']
['migration Law'] ['visa Decision Review' 'compassionate Grounds' 'irreparable Prejudice' 'extreme Hardship']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ["Interpretation of 'extreme hardship' and 'irreparable prejudice' under cl 812.723(6) of the 1993 Migration Regulations" 'Whether events after 15 October 1990 should be considered in assessing irreparable prejudice' 'Failure to observe procedural fairness in calling witnesses']

Ratio Decidendi

The Tribunal incorrectly applied the law by failing to consider whether departure of the applicant on 15 October 1990 would cause irreparable prejudice, including future effects, as required by cl 812.723(6), and by not taking into account events occurring after 15 October 1990.

Court Disposition

Application allowed; Tribunal decision set aside; matter remitted to Tribunal; costs ordered against respondent.

Orders

  • ['The decision of the Immigration Review Tribunal of 30 June 1997 is set aside.' 'The matter is referred to the Tribunal to be considered according to law.' "The respondent pay the applicant's costs."]