Federal Court of Australia
Federal Court of Australia
FNV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1025 Appeal from: FNV17 and Ors v Minister for Immigration and Anor [2020] FCCA 535
File number: NSD 409 of 2020
Judgment of: NICHOLAS J
Date of judgment: 27 August 2021
Catchwords: MIGRATION – where appellants failed to appear at hearing of application for review of delegate's decision refusing to grant appellants protection visas – where application dismissed on basis of non-appearance – where the appellants' migration agent did not see invitation due to administrative mistake – where Administrative Appeals Tribunal sent SMS reminders to first appellant notifying her of hearing date – where no explanation provided to Tribunal in relation to failure to act on SMS messages – where Tribunal dismissed reinstatement application – whether Tribunal's decision legally unreasonable – no jurisdictional error demonstrated – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 426A, 430(1), 441G(1), 441G(2)
Cases cited: AZAFB v Minister for Immigration and Border Protection (2015) 244 FCR 144 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Singh v Minister for Immigration and Border Protection (2018) 266 FCR 459
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