Minister for Immigration and Citizenship v Dhanoa [2009] FCAFC 153

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Dhanoa [2009] FCAFC 153

MIGRATION – statutory powers of the Migration Review Tribunal to remit a decision for reconsideration by the primary decision-maker – whether such a power can be exercised generally – whether such a power must be exercised in accordance with a prescribed direction. MIGRATION – whether the Migration Review Tribunal committed a jurisdictional error for unreasonably failing to make inquiries that would have disclosed information that potentially had a bearing on the outcome of the particular case. Held: appeal allowed. Acts Interpretation Act 1901, s 15AA Administrative Appeals Tribunal Act 1975 (Cth), s 43 Legislative Instruments Act 2003 (Cth), s 13 Migration Act 1958 (Cth), ss 5, 31, 65, 92, 93, 96, 338, 347, 348, 349, 353, 359A, 415, 505 Migration Regulations 1994 (Cth), Regs 1.03, 2.01, 2.03, 2.26A, 2.26C, 4.15, Sch 2 cl 880.222, Sch 6A items 6A31, 6A81 Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 216 ALR 1 cited Business World Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 referred to CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 cited Collector of Customs v LNC (Wholesale) Pty Ltd (1989) 19 ALD 341 cited Craig v State of South Australia (1995) 184 CLR 163 cited Haider [2007] MRTA 701 cited Haoucher v Minister for Immigration, Local Government and Ethnic Affairs (1993) 120 ALR 362 cited Minister for Immigration and Citizenship v SZIAI [2009] HCA 39 referred to Minister for Immigration and Citizenship v SZJGV [2009] HCA 40 cited Minister for Immigration and Ethnic Affairs v Pochi (1981) 149 CLR 139 cited Minister for Immigration and Multicultural Affairs v Amani [1999] FCA 1040 cited Minister for Immigration and Multicultural Affairs v Perth City Mission [2000] FCA 397 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Pillay v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 368 referred to Re Devine and Commonwealth (1982) 5 ALN N28 cited Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 distinguished Singh v Commonwealth of Australia (2004) 222 CLR 322; [2004] HCA 43 cited SZIAI v Minister for Immigration and Citizenship (2008) 104 ALD 22; [2008] FCA 1372 distinguished MINISTER FOR IMMIGRATION AND CITIZENSHIP v KANWALJIT SINGH DHANOA and MIGRATION REVIEW TRIBUNAL