SZQOY v Minister for Immigration & Anor

SZQOY sought judicial review of a decision of the Refugee Review Tribunal, which had dismissed her application for a protection visa. The primary issue was whether the Tribunal was functus officio when it received submissions from its independent advisers after it had made its decision. This meant that the court had to determine when the Tribunal had completed its function and was no longer able to reconsider its decision. The Minister argued that the Tribunal became functus officio when it prepared its written statement, in accordance with section 430(2) of the Migration Act 1958 (Cth). The applicant contended that the Tribunal did not become functus officio until it had conveyed the decision to the Tribunal registry for publication. The court found that the Minister's interpretation of section 430(2) was incorrect as it did not express any intention to determine when the Tribunal discharged its function. Instead, the court held that the Tribunal became functus officio when it had communicated its decision to the applicant and the Minister. The court quashed the Tribunal's decision and ordered the Tribunal to reconsider the applicant's application for a protection visa.