Kaur v Minister for Immigration and Citizenship

[2026] FCA 271

Federal Court of Australia

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Interrogate

Catchwords

1. Migration
1. whether the primary judge erred in concluding that the invitation issued by the Tribunal pursuant to s 359 of the Migration Act 1958 (Cth) was valid
1. whether the Tribunal was required to inform the appellants of the effect of s 360, namely that the Tribunal was prohibited from holding a hearing
1. whether the Tribunal was required to inform the appellants that they could nonetheless provide additional information up until the Tribunal made its decision

Quick Take

The Federal Court held that a Tribunal invitation under s 359 of the Migration Act is not invalid merely because it fails to inform an applicant that the Tribunal would be prohibited (rather than merely that the applicant would lose entitlement) from holding a hearing if the applicant does not respond. The Court confirmed that s 359 contains no prescribed requirements as to the substance or form of the invitation beyond requesting information, and that s 357A(3)'s 'fair and just' requirement does not impose additional obligations to inform applicants of the Tribunal's residual power to consider late written material or to send a follow-up letter after the response period expires. The distinction between loss of entitlement and absence of Tribunal power was held to be immaterial to the validity of the notice.