Federal Court of Australia
Federal Court of Australia
DOM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 862 Review of: KLKN and Minister for Home Affairs (Migration) [2018] AATA 4603
File number: WAD 207 of 2020
Judgment of: BROMBERG J
Date of judgment: 28 July 2021
Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal – where the applicant's partner not permitted to give evidence at the hearing before the Tribunal – whether s 500(6H) of the Migration Act 1958 (Cth) precludes the Tribunal from having regard to information presented orally in support of a person's case unless a written statement is provided to the Minister two days before the Tribunal holds a hearing – whether the written statement must notify the Minister of the identity of the person presenting information orally – whether the Tribunal misconstrued s 500(6H) of the Migration Act 1958 (Cth) – extent to which the obligation to afford procedural fairness ousted by s 500(6H) of the Migration Act 1958 (Cth) PRACTICE AND PROCEDURE – where applicant seeks an extension of time pursuant to s 477A(2) of the Migration Act 1958 (Cth) to file application for judicial review
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 33(1) Migration Act 1958 (Cth), ss 477A, 500(6F), 500(6H), 500(6J), 500(6L)(c), 501CA, 501(3A) Macquarie Dictionary (6th edition, Macquarie Dictionary, 2013)
Cases cited: Goldie v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 378 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 SZRTN v Minister for Immigration and Border Protection [2014] FCAFC 129 SZRTN v Minister for Immigration and Border Protection [2014] FCA 303 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203
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