Recent Cases

DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75 (07 June 2024) (Wigney, Hespe and Kennett JJ)


Catchwords:


MIGRATION – where appellant applied to Administrative Appeals Tribunal (Tribunal) for review of decision to refuse application for protection visa – where Tribunal invited appellant to hearing via email and appellant did not intend – where Tribunal dismissed application for review under s 426A of the Migration Act 1958 (Cth) (Migration Act) and confirmed that decision – where appellant did not become aware of notice of invitation to attend hearing due to detention by immigration officers – where appellant did not update contact details with the Tribunal upon being detained – where Department of Home Affairs (Department) had possession of information that would have notified Tribunal of appellant’s new contact details –where Secretary to the Department failed to comply with s 418(3) of the Migration Act by not sending information to Tribunal – whether Secretary’s failure to comply with s 418(3) vitiated Tribunal’s decisions under s 426A

MIGRATION – where Tribunal did not make reasonable inquiry – whether failure to make reasonable inquiry results in jurisdictional error