Federal Court of Australia
Federal Court of Australia
Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1109 Appeal from: Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 598 Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 597 Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 599
File numbers: SAD 64 of 2021 SAD 65 of 2021 SAD 66 of 2021
Judgment of: CHARLESWORTH J
Date of judgment: 20 September 2022
Catchwords: MIGRATION – interdependent visa applications made on behalf of a mother and her two children – primary judge giving inadequate reasons for dismissing applications for judicial review from decisions of the Administrative Appeals Tribunal – respondent relying on notices of contention asking this Court to determine applications for judicial review on their substantive merits – whether notices of contention should be entertained in circumstances where respondent could and should have promptly conceded the appeals – appeals allowed – applications for judicial review remitted for determination in accordance with the law
Legislation: Migration Act 1958 (Cth) ss 65, 66, 347, 360, 474, 476, 476A Federal Court Rules 2011 (Cth) r 36.24 Migration Regulations 1994 (Cth) reg 4.10; cll 500.217, 590.212, 590.215
Cases cited: AAM15 v Minister for Immigration and Border Protection (2015) 231 FCR 452 AXL16 v Minister for Immigration and Border Protection [2018] FCA 208 DFQ17 v Minister for Immigration and Border Protection (2019) 270 FCR 492 DZAFH v Minister for Immigration and Border Protection [2017] FCA 984 Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 597 Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 598 Gjoni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 599 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Shaw v Yarranova Pty Ltd (2017) 252 FCR 267 SZJQC v Minister for Immigration and Citizenship & Anor [2008] HCASL 66 SZULE v Minister for Immigration and Border Protection [2019] FCA 2136
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