Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khalil v Minister for Home Affairs [2019] FCAFC 151 Appeal from: Khalil v Minister for Home Affairs [2018] FCA 1712
File number: WAD 515 of 2018
Judges: LOGAN, STEWARD, JACKSON JJ
Date of judgment: 30 August 2019
Catchwords: MIGRATION - appeal from decision of Federal Court of Australia - review by Administrative Appeals Tribunal of decision to refuse visa application - application refused under s 501 of the Migration Act 1958 (Cth) - Tribunal presumed 84 day period for decision in s 500(6L)(c) of the Act applied - applicant's counsel withdrew representation immediately prior to review hearing - Tribunal under misapprehension that decision and reasons required within 84 day period - Tribunal fell into jurisdictional error in adjourning review hearing for 24 hours - appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 33A, 34J, 39, 40, 42A, 43 Migration Act 1958 (Cth) ss 476A, 477A, 500, 501, 501G
Cases cited: BTR plc v Westinghouse Brake and Signal Company (Australia) Ltd (1992) 34 FCR 246 Chan Ta Srey v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1292; (2003) 134 FCR 308 Craig v State of South Australia (1995) 184 CLR 163 Daw v Minister for Immigration & Citizenship [2012] FCA 705 Daw v Minister for Immigration and Citizenship [2012] FCAFC 123 Hall v Minister for Immigration & Multicultural Affairs [2000] FCA 415; (2000) 97 FCR 387 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123; (2014) 225 FCR 482 Jarrett v Westpac Banking Corporation [1999] FCA 425 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 363 ALR 599 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 357 ALR 408 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Pomare v Minister for Immigration and Citizenship [2008] FCA 458; (2008) 167 FCR 494 Re Australian Railways Union; Ex parte Public Transport Commission (1993) 117 ALR 17 Somba v Minister for Home Affairs [2019] FCAFC 150 Sullivan v Department of Transport (1978) 20 ALR 323 Tsvetnenko v United States of America [2019] FCAFC 74; (2019) 367 ALR 465 TTY167 v Republic of Nauru [2018] HCA 61; (2018) 362 ALR 246 Zhan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 327; (2003) 128 FCR 469
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