Full Court Minute Books

Case P23/2020

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v. AAM17 & Anor

Case No.

P23/2020

Case Information

Lower Court Judgment

25/11/2019 Federal Court of Australia (Mortimer J)

[2019] FCA 1951

Catchwords

Administrative law – Procedural fairness – Where first respondent unsuccessfully applied for protection visa and where Administrative Appeals Tribunal affirmed refusal decision – Where first respondent sought judicial review of Tribunal’s decision in Federal Circuit Court (“FCC”) – Where first respondent appeared in person before FCC with assistance of translator – Where at conclusion of hearing FCC made orders dismissing application and gave ex tempore reasons – Where reasons for judgment published two months later after first respondent had instituted appeal to Federal Court – Where Federal Court allowed appeal on basis that first respondent denied procedural fairness by FCC and that there had therefore been no real exercise of judicial power in the circumstances – Where Federal Court considered that FCC’s review of Tribunal’s decision otherwise unaffected by error warranting appellate attention – Whether requirement of procedural fairness, either generally or in relation to courts, includes duty to provide reasons – If yes, whether such requirement extends to requiring reasons to be provided in particular manner and/or time – What is appropriate form of order for court conducting appeal by way of rehearing to make in circumstances where appellate court finds court below denied appellant procedural fairness and also considers decision under appeal correct.

Documents*

29/05/2020 Hearing (SLA, Brisbane and video-connection)

12/06/2020 Notice of appeal

17/07/2020 Written submissions (Appellant)

17/07/2020 Chronology (Appellant)

14/08/2020 Written submissions (Respondent)

04/09/2020 Reply

*The due dates shown for documents on this page are indicative only.