Jayasinghe v MIEA

Case [1997] FCA 551


CATCHWORDS

MIGRATION - powers of Refugee Review Tribunal - whether Tribunal has the power to reconsider or re-open a final decision - whether failure to re-open is a reviewable decision for the purposes of the Migration Act 1958

WORDS AND PHRASES - "Decision" - meaning of that word for the purposes of the Migration Act 1958

WORDS AND PHRASES - "functus officio"

ADMINISTRATIVE LAW - doctrine of functus officio - scope - whether doctrine can be characterised as a legal technicality

Migration Act 1958:

s 48A, s 48B, s 50, s 368(1), s 412, s 414(1)(2), s 415(1), s 416, s 420, s 420(1), s 420(2)(b), s 430(1), s 475(1)(b), s 476, s 476(1)(a), s 476(1)(e), s 478, s 481, s 485(1)

Pt 7, Pt 8

Migration Reform Act 1992:

s 166J (now s 457), s 166BD (now s 416)

Migration Legislation Amendment Act (No 6) 1995

Migration Legislation Amendment Act 1994 (Cth)

Migration Legislation Amendment Act 1989:

s 64E

Acts Interpretation Act 1901:

s 33(1)

Administrative Decisions (Judicial Review) Act 1977:

s 3(1), s 3(2), s 3(3), s 3(5)

Judiciary Act 1903

Federal Court Rules:    O 20 r 1,

Migration (Review) Regulations 1989 (Cth)

Migration Reform Bill 1992

Corporations Law: s 837

Bennion, Statutory Interpretation, (2nd ed, 1992) 367

Convention Relating to the Status of Refugees 1951 as Amended

by the Protocol Relating to the Status of Refugees 1976

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321

Minister for Immigration and Multicultural Affairs v Ozmanian

(1996) 141 ALR 322

Ahmad v Minister for Immigration and Multicultural Affairs

(Sundberg J, unreported, 20 May 1997)

Dodds v Noldart (1955) Tas SR 58

Sloane v Minister for Immigration, Local Government and Ethnic

Affairs (1992) 37 FCR 429

R v Loumoli [1995] 2 NZLR 656

Minister for Immigration and Ethnic Affairs v Kurtovic

(1990) 21 FCR 193

Austereo Ltd v Trade Practices Commission (1993) 41 FCR 1

Mahboob v Minister for Immigration and Ethnic Affairs

(1996) 64 FCR 398

R v Moodie; ex parte Mithen (1977) 17 ALR 219

Comptroller‑General of Customs v Kawasaki Motors Pty Ltd

(1991) 32 FCR 219

Hutchins v Commissioner of Taxation (1996) 65 FCR 269

Salerno v National Crime Authority (von Doussa, Drummond and

Mansfield JJ, 5 June 1997, unreported)

SHANTHA KARUNARATNA JAYASINGHE v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS & ANOR
No VG 526 of 1996

GOLDBERG J
MELBOURNE
25 JUNE 1997

FEDERAL COURT OF AUSTRALIA   )

VICTORIA DISTRICT REGISTRY   )

GENERAL DIVISION            )            No VG 526 of 1996

B E T W E E N:

SHANTHA KARUNARATNA JAYASINGHE
  Applicant

and

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
  First Respondent
  and

REFUGEE REVIEW TRIBUNAL
                (constituted by R ZALEWSKI)
  Second Respondent

CORAM:GOLDBERG J

PLACE:MELBOURNE

DATE:25 JUNE 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

  1. The amended application be dismissed.

  1. The applicant pay the respondents their costs of the proceeding including reserved costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court rules

FEDERAL COURT OF AUSTRALIA…

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AGLC
Jayasinghe v MIEA [1997] FCA 551
Case
[1997] FCA 551
Decision Date

CaseChat Overview and Summary

The case of Jayasinghe v MIEA before Goldberg J in the Federal Court of Australia dealt with the issue of whether the Refugee Review Tribunal had the power to reconsider or reopen its decision on the review of an RRT-reviewable decision after it had made and published its decision. The applicant, Shantha Karunaratna Jayasinghe, filed an application for an order of review in respect of two decisions of the Tribunal, the first decision being that he was not entitled to a protection visa as he was not a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees, and the second being the decision made by the Tribunal on 5 August 1996 refusing to reconsider the applicant's application. The Court found that the Tribunal did not have the power to reconsider or reopen a decision on a review determining the substantive application and that it acted correctly in informing the applicant's solicitors on 5 August 1996 that it was functus officio. There is no implied power on the part of the Tribunal to reconsider a decision on the review as provided for in s 430. The Court dismissed the amended application and ordered the applicant to pay the respondents their costs of the proceeding.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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