Minister for Immigration and Citizenship v SZQOY [2012] FCAFC 131

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZQOY [2012] FCAFC 131 Citation: Minister for Immigration and Citizenship v SZQOY [2012] FCAFC 131

Appeal from: SZQOY v Minister for Immigration & Anor [2012] FMCA 289

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZQOY and REFUGEE REVIEW TRIBUNAL

File number: NSD 655 of 2012

Judges: BUCHANAN, LOGAN AND BARKER JJ

Date of judgment: 12 September 2012

Catchwords: MIGRATION – whether the tribunal was functus officio at the time it received further documents from a party – time at which a decision is finally made – whether internal transmission of a decision to a registry represents a final decision. Held: decision final only when manifested externally – decision-maker not before then precluded from revisiting the decision at his or her option.

Legislation: Income Tax Assessment Act 1936 (Cth) Migration Act 1958 (Cth) ss 410, 411, 414, 415, 420A, 421, 422, 422A, 430, 430A, 457, 458, 430A, 430D, 457, 458, 460, 472, 478 Migration Legislation Amendment Act (No 1) 2008 (Cth)

Cases cited: Batagol v Federal Commissioner of Taxation (1963) 109 CLR 243 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Pongrass Group Operations Pty Ltd v Minister for Planning (2007) 156 LGERA 250 Semunigus v The Minister for Immigration & Multicultural Affairs [1999] FCA 422 Semunigus v Minister for Immigration and Multicultural Affairs [2000] FCA 240; (2000) 96 FCR 533 Shell Company of Australia Ltd v Federal Commissioner of Taxation [1931] AC 275 Singh v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 18