FCCA failed to afford procedural fairness?

Federal Court: Appellant made an unsuccessful judicial review application to FCCA, which delivered oral reasons for judgement, but those reasons were not interpreted to Appellant. Appellant appealed to FCA just before the statutory deadline, but FCCA's reasons were only published more than a month after the appeal was filed. Minister argued to the FCA that "there was no denial of procedural fairness ... because the appellant in fact filed a notice of appeal on time, and did not seek to amend it once he did receive a copy of the [FCCA's] reasons". The content of the contemporaneous reasons were not known to the FCA nor the Minister or the Appellant. Did FCCA deny Appellant procedural fairness? If so, what remedy should the Appellant be given?

The questions to the Federal Court (FCA) were as follows:

Question 1: Did the FCCA deny the Appellant procedural fairness?

Question 2: If the FCCA denied the Appellant procedural fairness, what remedy should the Appellant be given?

The FCA answered those questions as follows:

The remainder of this article is only available to Case Law and Platinum subscribers.

Read our Terms & Conditions and upgrade below:

Monthly Subscriptions

Premium
Basic Content
Premium Content
-
-
$ 29 /month
Subscribe
Case Law
Basic Content
-
Case Law Content
-
$ 49 / month
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 9 / month
$ 69 / month
Subscribe

Annual Subscriptions

Premium
Basic Content
Premium Content
-
Save $ 49 / year
$ 299 / year
Subscribe
Case Law
Basic Content
-
Case Law Content
Save $ 89 / year
$ 499 / year
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 237 / year
$ 699 / year
Subscribe

 

Where GST applies, the above amounts are inclusive of GST.

Content Types

Basic Content includes basic news, some media articles and selected announcements.

Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.

Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.

Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.

If you already have a Case Law or Platinum subscription, click on 'Login' below.