Montenegro v Secretary, Department of Education [2020] FCAFC 210

Federal Court of Australia

Montenegro v Secretary, Department of Education [2020] FCAFC 210 Appeal from: Montenegro v Secretary, Department of Education [2020] FCA 325

File number: NSD 349 of 2020

Judgment of: FLICK, RANGIAH AND CHARLESWORTH JJ

Date of judgment: 26 November 2020

Catchwords: ADMINISTRATIVE LAW – decision of Administrative Appeals Tribunal – decision not made "in accordance with" published Guidelines PRACTICE AND PROCEDURE – application to amend notice of appeal – a new argument on appeal – leave granted ADMINISTRATIVE LAW – adequacy of reasons

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Environment Protection and Biodiversity Conservation Act 1999 (Cth) Higher Education Support Act 2003 (Cth) ss 2-1, 3-1, 101-1, 101-5, 104-A, 104-25, 104-30, 159-5, 238-10 Administration Guidelines 2012 (Cth) Ch 3

Cases cited: Australian Competition and Consumer Commission v Unique International College [2017] FCA 727 Comcare Australia v Mathieson [2004] FCA 212, 79 ALD 518 Comcare v Davies [2008] FCA 393, (2008) 173 IR 294 Decleah Investments Pty Ltd and Prince Removal and Storage Pty Ltd v Commissioner of Taxation [2018] FCA 717, (2018) 107 ATR 815 Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Ekinci v Civil Aviation Safety Authority [2014] FCAFC 180, (2014) 319 ALR 1 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Friends of Leadbeater's Possum Inc v VicForests [2018] FCA 178, (2018) 260 FCR 1 Lifestyle Investments 1 Pty Ltd v Commissioner of State Revenue [2020] VSC 397 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Ethnic Affairs v Liang (1996) 185 CLR 259 Montenegro v Secretary, Department of Education [2020] FCA 325 Raibevu v Minister for Home Affairs [2020] FCAFC 35 Re PSVN and Secretary, Department of Education and Training [2019] AATA 1912 Repatriation Commission v Warren [2008] FCAFC 64, (2008) 167 FCR 511 Roncevich v Repatriation Commission [2005] HCA 40, (2005) 222 CLR 115 Secretary, Department of Employment and Workplace Relations v Homewood [2006] FCA 779, (2006) 91 ALD 103 Soliman v University of Technology, Sydney [2012] FCAFC 146, (2012) 207 FCR 277 Summers v Repatriation Commission [2015] FCAFC 36, (2015) 145 ALD 30 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52, (2016) 243 FCR 220 Turner v Minister for Immigration and Ethnic Affairs (1981) 55 FLR 180 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, (2004) 238 FCR 588