Vo v Minister for Home Affairs [2020] FCA 468

FEDERAL COURT OF AUSTRALIA

Vo v Minister for Home Affairs [2020] FCA 468 Appeal from: Vo v Minister for Home Affairs & Anor [2019] FCCA 844

File number: QUD 229 of 2019

Judge: REEVES J

Date of judgment: 9 April 2020

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – where the Tribunal issued an invitation under s 360(1) of the Migration Act 1958 (Cth) – where the invitation was withdrawn – whether the Tribunal was obligated to proceed with the hearing – whether the primary judged erred in finding that the Tribunal had not fallen into jurisdictional error – appeal allowed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1; [2004] HCA 62 AZAAD v Minister for Immigration and Citizenship (2010) 189 FCR 494; [2010] FCAFC 156 Minister for Home Affairs v Ogawa [2019] FCAFC 98 Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575; [2010] FCAFC 41 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190; [2007] HCA 26 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189; [2007] HCA 35 SZHKA v Minister for Immigration and Citizenship (2008) 172 FCR 1; [2008] FCAFC 138 Vo v Minister for Home Affairs & Anor [2019] FCCA 844