Minister for Immigration, Multicultural Affairs and Citizenship v. SZRNY & Anor

Lower Court Judgment

11/09/2013 Federal Court of Australia (Buchanan, Griffith, Mortimer JJ)

[2013] FCAFC 104

Catchwords

Migration – Migration Act 1958 (Cth) ("Act") s 5(9) – First Respondent applied for protection visa which was refused by delegate – First Respondent successfully applied for judicial review – Reconstituted Tribunal affirmed delegate's decision and notified First Respondent – Complementary protection criterion contained in Migration Amendment (Complementary Protection) Act 2011 (Cth) commenced before First Respondent received Tribunal's decision and applied to applications for protection visas that were not "finally determined within s 5(9) of Act – First Respondent's application for judicial review upheld on basis that Tribunal made jurisdictional error by failing to consider complementary protection criterion in s 36(2)(aa) and/or failing to invite First Respondent to appear before the Tribunal pursuant to s 425 – Whether a visa application is "finally determined" when the Tribunal records its decision under s 430(1) of Act or when the Tribunal sends copies of its decision externally or when the review applicant and Secretary have been given notice of decision.

Words and phrases – "finally determined".

Short particulars