Federal Court of Australia
Federal Court of Australia
DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75 Appeal from: DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 299
File number: VID 311 of 2023
Judgment of: WIGNEY, HESPE AND KENNETT JJ
Date of judgment: 7 June 2024
Catchwords: MIGRATION – where appellant applied to Administrative Appeals Tribunal (Tribunal) for review of decision to refuse application for protection visa – where Tribunal invited appellant to hearing via email and appellant did not intend – where Tribunal dismissed application for review under s 426A of the Migration Act 1958 (Cth) (Migration Act) and confirmed that decision – where appellant did not become aware of notice of invitation to attend hearing due to detention by immigration officers – where appellant did not update contact details with the Tribunal upon being detained – where Department of Home Affairs (Department) had possession of information that would have notified Tribunal of appellant's new contact details –where Secretary to the Department failed to comply with s 418(3) of the Migration Act by not sending information to Tribunal – whether Secretary's failure to comply with s 418(3) vitiated Tribunal's decisions under s 426A MIGRATION – where Tribunal did not make reasonable inquiry – whether failure to make reasonable inquiry results in jurisdictional error
Legislation: Migration Act 1958 (Cth), ss 36, 411, 412, 414, 415, 424, 425, 425A, 418, 426A, 426B, 441A, 501
Cases cited: BBS15 v Minister for Immigration and Border Protection [2017] FCAFC 61; 248 FCR 159 Kaur v Minister for Immigration and Border Protection [2017] FCAFC 184; 256 FCR 235 Minister for Home Affairs v DUA16 [2020] HCA 46; 271 CLR 550 Minister for Immigration and Citizenship v Le [2007] FCA 1318; 164 FCR 151 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 NBDY v Minister for Immigration and Multicultural Affairs [2006] FCAFC 145 Re Patterson; Ex parte Taylor [2001] HCA 51; 207 CLR 391 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZMJM v Minister for Immigration and Citizenship [2010] FCA 309 SZNZK v Minister for Immigration and Citizenship [2010] FCA 651 SZOIN v Minister for Immigration and Citizenship [2011] FCAFC 38; 191 FCR 123 WAGP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 103; 151 FCR 413 Wei v Minister for Immigration and Border Protection [2015] HCA 51; 257 CLR 22
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