VWTT v Minister for Immigration and Multicultural Affairs [2006] FCA 685

VWTT v Minister for Immigration and Multicultural Affairs [2006] FCA 685

Leave to amend was refused as futile because the proposed s 424A ground had no prospect of success. The RRT's relevant reason was the appellant's failure to mention that he was Secretary of the Ijaw Youth Council, which had been disclosed in the s 424A letter. In any event, the letter warned that the RRT might conclude that his involvement with the Ijaw Youth Council was a recent invention, and that reference was broad enough to include membership; the appellant understood and responded to that concern. Accordingly, there was no breach of s 424A.

Jurisdiction
Australia
Judgment Date
02 June 2006
Procedural Posture
Migration Appeal From Federal Magistrates Court Judicial Review Decision / Appeal; Application for Leave to Amend Notice of Appeal
Outcome
Leave to amend the notice of appeal denied; appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'migration Act 1958 (cth) S 424 A' 'procedural Fairness' 'jurisdictional Error' 'leave to Raise New Ground on Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'migration Act 1958 (cth) S 424 A' 'procedural Fairness' 'jurisdictional Error' 'leave to Raise New Ground on Appeal']

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Procedural Posture

Migration Appeal From Federal Magistrates Court Judicial Review Decision / Appeal; Application for Leave to Amend Notice of Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to amend the notice of appeal to raise a new ground not argued before the Federal Magistrate.' "Whether the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to give particulars that it might rely on the appellant's initial failure to mention membership of the Ijaw Youth Council." "Whether the s 424A letter's reference to the appellant's failure to mention being Secretary of the Ijaw Youth Council and to his involvement with that Council was sufficient to put him on notice."]

Ratio Decidendi

Leave to amend was refused as futile because the proposed s 424A ground had no prospect of success. The RRT's relevant reason was the appellant's failure to mention that he was Secretary of the Ijaw Youth Council, which had been disclosed in the s 424A letter. In any event, the letter warned that the RRT might conclude that his involvement with the Ijaw Youth Council was a recent invention, and that reference was broad enough to include membership; the appellant understood and responded to that concern. Accordingly, there was no breach of s 424A.

Court Disposition

Leave to amend the notice of appeal denied; appeal dismissed with costs.

Orders

  • ['Leave to amend the notice of appeal be denied.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]