Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Antoon [2023] FCA 717 Appeal from: Antoon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 224
File number(s): ACD 101 of 2021
Judgment of: WIGNEY J
Date of judgment: 30 June 2023
Catchwords: MIGRATION – appeal from primary judge's decision in Federal Circuit Court quashing decision of Administrative Appeals Tribunal to affirm refusal of partner visa – whether Tribunal's failure to comply with s 359A of the Migration Act 1958 (Cth) amounts to jurisdictional error – whether failure to comply with s 359A was material to Tribunal's decision – whether primary judge erred by not refusing relief on discretionary grounds where breach was not material to Tribunal's decision – found that primary judge did not err in finding Tribunal made jurisdictional error, but did err in failing to consider exercising discretion to refuse relief as Tribunal's failure to comply with s 359A could have made no difference to review outcome – appeal allowed and application to review Tribunal decision dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Proceedings (Costs) Act 1981 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) s 359A Migration Regulations 1994 (Cth)
Cases cited: Antoon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 224 DBF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1496 DME16 v Minister for Immigration and Border Protection [2019] FCA 2135 DYI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 612 Hasnat v Minister for Immigration and Border Protection [2020] FCA 784 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL (2021) 284 FCR 1; [2021] FCAFC 48 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; (2021) 390 ALR 590; [2021] HCA 17 Naikar v Minister for Immigration and Border Protection [2019] FCA 502 Nathanson v Minister for Home Affairs (2022) 403 ALR 398; [2022] HCA 26 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Plaintiff M7/2021 v Minister for Home Affairs (2021) 95 ALJR 404; [2021] HCA 14 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294; [2005] HCA 24 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 577 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 411 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 10; [2007] HCA 26 SZMTJ v Minister for Immigration and Citizenship (No 2) (2009) 232 FCR 282; [2009] FCA 486 VCAT of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 141 VUAX v Minister for Immigration, Multicultural, and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158
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