Ortiz v Minister for Immigration and Citizenship [2011] FCA 1498

FEDERAL COURT OF AUSTRALIA

Ortiz v Minister for Immigration and Citizenship [2011] FCA 1498 Citation: Ortiz v Minister for Immigration and Citizenship [2011] FCA 1498

Appeal from: Ortiz v Minister for Immigration & Anor [2011] FMCA 432

Parties: SANTIAGO ORTIZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: QUD 160 of 2011

Judge: LOGAN J

Date of judgment: 22 December 2011

Catchwords: MIGRATION – judicial review – procedural fairness – statutory obligation to provide fair and just hearing – whether failure to adjourn Tribunal proceedings to await outcome of Family Court proceedings constituted a denial of procedural fairness – where Family Court proceeding intimately connected to Tribunal proceeding – where no evidence that appellant not prosecuting Family Court proceeding with due diligence – Tribunal decision was unreasonable MIGRATION – unreasonableness – whether Tribunal conducted a proper review – where Tribunal suggested that appellant undergo a DNA test to prove paternity of child in question – where appellant could not take such a test unless he had access to the child – whether suggestion, which formed part of basis of Tribunal's decision was unreasonable – where Tribunal had clear information showing that appellant is father of child – where Tribunal misconstrued that evidence – Tribunal's decision was unreasonable – Tribunal failed to exercise jurisdiction

Legislation: Family Law Act 1975 (Cth) ss 61C, 69Q Migration Act 1958 (Cth) ss 348, 353, 357A, 359 Births, Deaths and Marriages Registration Act 2003 (Qld) ss 11, 49 Migration Regulations 1994 (Cth) Sch 2 cl 820.221 United Nations Covenant on Civil Political Rights (16 December 1966) 999 UNTS 171 Art 17