Kaur v Minister for Immigration and Border Protection [2014] FCA 915

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2014] FCA 915 Citation: Kaur v Minister for Immigration and Border Protection [2014] FCA 915

Appeal from: Kaur & Anor v Minister for Immigration & Anor [2014] FCCA 161

Parties: RANJIT KAUR and SACHIN KUMAR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: VID 130 of 2014

Judge: MORTIMER J

Date of judgment: 28 August 2014

Catchwords: MIGRATION – Appeal from decision of Federal Circuit Court affirming decision of Migration Review Tribunal to refuse a Student visa – first appellant did not receive invitation to second Tribunal hearing and did not attend hearing – whether the Tribunal's exercise of discretion to finalise the review was legally unreasonable – whether appellants denied procedural fairness – whether Tribunal failed to fulfil its obligations under s 360 of the Migration Act 1958 (Cth) – Federal Circuit Court erred in not finding that the Tribunal's decision was affected by jurisdictional error – appeal allowed.

Legislation: Acts Interpretation Act 1901 (Cth) s 33(1) Migration Act 1958 (Cth) ss 65, 353, 357A, 358, 359, 359B, 359C, 360, 360A, 362B, 363, 366, 379A, 379C, 425, 426A, 430, 441A Migration Regulations 1994 (Cth) Sch 5A cl 5A405

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Bushell v Repatriation Commission (1992) 175 CLR 408 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135; [2000] HCA 5 Dunsmuir v New Brunswick [2008] 1 SCR 190 Jacob v Utah Construction and Engineering Pty Ltd (1966) 116 CLR 200 Kaur v Minister or Immigration and Border Protection [2014] FCCA 161 Kim v Minister for Immigration and Multicultural Affairs [2006] FCAFC 64 Minister for Immigration and Border Protection v Singh (2014) 139 ALD 50; [2014] FCAFC 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZIZO (2009) 238 CLR 627; [2009] HCA 37 Minister for Immigration and Citizenship v SZKTI (2009) 238 CLR 489; [2009] HCA 30 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Minister for Immigration and Multicultural and Indigenous Affairs v SZFHC (2006) 150 FCR 439; [2006] FCAFC 73 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2005) 88 ALD 304; [2005] FCAFC 118 Minister for Immigration and Multiculural Affairs v SCAR (2003) 128 FCR 553; [2003] FCAFC 12 Minister of Citizenship and Immigration v Khosa [2009] 1 SCR 339 MZXRE v Minister for Immigration and Citizenship (2009) 176 FCR 552; [2009] FCAFC 82 NADK of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 184 NBBL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 152 FCR 592; [2006] FCA 1045 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; [2010] HCA 23 SBSC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 77 SZDPB v Minister or Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 110 SZHSQ v Minister for Immigration and Multicultural Affairs (2006) 155 FCR 159; [2006] FCA 1295 SZMDH v Minister for Immigration and Citizenship [2008] FCA 1852 SZOZO v Minister for Immigration and Citizenship [2011] FCA 944 Uddin v Minister for Immigration and Multicultural Affairs (1999) 165 ALR 243; [1999] FCA 1041 VNAA v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 407; [2004] FCAFC 134 Oxford English Dictionary (online edition)