Weng v Minister for Immigration and Citizenship (No 3) [2011] FCA 654

Weng v Minister for Immigration and Citizenship (No 3) [2011] FCA 654

The appeal was allowed on a new ground of jurisdictional error raised late; the orders granted included quashing the Tribunal’s decision and remitting the matter for reconsideration. The appropriate costs order was for the Minister to pay two-thirds of Mr Weng’s appeal costs, given the main success was on the late-added ground, but other unsuccessful grounds were not wasteful.

Jurisdiction
Australia
Judgment Date
09 June 2011
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
['judicial Review' 'jurisdictional Error' 'costs']
['administrative Law'] ['judicial Review' 'jurisdictional Error' 'costs']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal committed jurisdictional error' 'Appropriate relief following successful appeal' 'Appropriate costs order given partial success and late raising of ground']

Ratio Decidendi

The appeal was allowed on a new ground of jurisdictional error raised late; the orders granted included quashing the Tribunal’s decision and remitting the matter for reconsideration. The appropriate costs order was for the Minister to pay two-thirds of Mr Weng’s appeal costs, given the main success was on the late-added ground, but other unsuccessful grounds were not wasteful.

Court Disposition

appeal allowed

Orders

  • ['The appeal be allowed.' 'A writ of certiorari issue to quash the decision of the second respondent made on 29 January 2010.' 'A writ of mandamus issue directing the second respondent to consider the application according to law.' 'A writ of prohibition issue restraining the first respondent from acting, or giving...