Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2023] FCAFC 23

Federal Court of Australia

Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2023] FCAFC 23 Appeal from: Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2022] FCA 606

File number(s): VID 357 of 2022

Judgment of: THAWLEY, MCELWAINE AND HESPE JJ

Date of judgment: 2 March 2023

Catchwords: ADMINISTRATIVE LAW – appeal from orders dismissing an application for review of Tribunal decision – Tribunal decision largely replicated respondent's submissions without attribution – requirement in merits review to consider application afresh – constructive failure by Tribunal to discharge its statutory task – Held: appeal allowed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s44 Migration Act 1958 (Cth) Part 7

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112; 270 FCR 335 Drake v Minister for Immigration and Ethnic Affairs [1979] FCA 39; 24 ALR 577 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation [1963] HCA 41; 113 CLR 475 Moreton Resources Ltd and Innovation and Science Australia (Taxation) [2018] AATA 3378 MZZZW v Minister for Immigration and Border Protection [2015] FCAFC 133; 234 FCR 154 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286