MZAIC v Minister for Immigration and Border Protection [2016] FCAFC 25

FEDERAL COURT OF AUSTRALIA

MZAIC v Minister for Immigration and Border Protection [2016] FCAFC 25 Appeal from: MZAIC v Minister for Immigration & Anor [2015] FCCA 2253

File number: VID 509 of 2015

Judges: KENNY, TRACEY, BUCHANAN, ROBERTSON AND MORTIMER JJ

Date of judgment: 9 March 2016

Catchwords: MIGRATION – application for review by the then Refugee Review Tribunal under s 412 of the Migration Act 1958 (Cth) – Tribunal decided it did not have jurisdiction because the visa applicant made his application using a superseded version of the form approved under s 495 – appeal from Federal Circuit Court of Australia dismissing an application for review of the Tribunal's decision – whether visa applicant's use of non-approved form rendered his application to the Tribunal invalid – whether use of an approved form required, such that use of a superseded version rendered the application to the Tribunal invalid – whether strict compliance with an approved form required or whether substantial compliance sufficient – Acts Interpretation Act 1901 (Cth) s 25C – whether the provisions of the Migration Act manifested a contrary intention to the application of s 25C of the Acts Interpretation Act ADMINISTRATIVE LAW – whether use of an approved form required such that use of a superseded version rendered the application to the Tribunal invalid – whether strict compliance with an approved form required or whether substantial compliance sufficient – Acts Interpretation Act 1901 (Cth) s 25C – whether the provisions of the Migration Act manifested a contrary intention to the application of s 25C of the Acts Interpretation Act

Legislation: Acts Interpretation Act 1901 (Cth) ss 2, 25C Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 40, 40(1), 45, 46, 46(1)(b), 47, 47(3), 347, 347(1)(a), 348, 379G, 412, 412(1)(a), 418(1), 418(3), 495, 496 Federal Court Rules 2011 (Cth) r 36.57