Federal Court of Australia
Federal Court of Australia
Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 479 Appeal from: Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 374
File number(s): VID 309 of 2022
Judgment of: O'BRYAN J
Date of judgment: 17 May 2023
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – where Administrative Appeals Tribunal (Tribunal) dismissed application for review by reason of the applicant's failure to attend hearing under s 362B of the Migration Act 1958 (Cth) – where applicant applied to have the application for review reinstated, but Tribunal confirmed the dismissal – matters to which the Tribunal must have regard in exercising power of reinstatement under s 362B(1C) – whether Tribunal failed to perform statutory task – whether Tribunal's decision was legally unreasonable or illogical – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 42A Federal Court of Australia Act 1976 (Cth), s 24(1)(d) Migration Act 1958 (Cth), Pt 5, ss 338, 360, 362B Migration Regulations 1994 (Cth) Federal Court Rules 2011 (Cth), rr 5.23, 30.21, 33.33, 35.33, 36.75, 39.05(a) Federal Court Rules 1979 (Cth), r 38A(2)(a)
Cases cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Barah v Minister for Home Affairs [2019] FCA 1831 Buck v Bavone (1976) 135 CLR 110 Dauguet v Centrelink [2015] FCA 395 Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 374 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Singh [2016] FCA 575 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 MZAIB v Minister for Immigration and Border Protection (2015) 238 FCR 158 Prashar v Minister for Immigration and Multicultural Affairs (2001) 115 FCR 197 R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 Sandhu v Minister for Immigration and Border Protection (No 2) [2015] FCA 1429 Serpinli v Secretary, Department of Social Services [2019] FCA 2029 Singh v Minister for Immigration and Border Protection (2018) 266 FCR 459 Singh v Minister for Immigration and Border Protection (No 2) [2016] FCA 1121 Singh v Minister for Immigration and Border Protection [2015] FCA 223 Sran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 377 SZVEB v Minister for Immigration and Border Protection (No 2) [2015] FCA 1106
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