Park v Minister for Immigration and Citizenship [2008] FCA 1648

Park v Minister for Immigration and Citizenship [2008] FCA 1648

The proposed appeal had no merit and no special reasons justified an extension of time. The first applicant was lawfully notified of the cancellation decision on 9 September 2002, the 7 working day period for MRT review ended on 18 September 2002, and the later application received on 17 August 2007 was almost 5 years out of time. The MRT had no jurisdiction and no discretion to extend time. The grounds about withdrawal of the earlier application and alleged pressure in detention did not identify error in the Federal Magistrate's judgment or in the Tribunal's finding that the review application was out of time.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Migration Appeal; Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time From Judgment of the Federal Magistrates Court Dismissing Judicial Review
Outcome
Application for an extension of time dismissed with costs to the first respondent.
Legal Topics
['extension of Time to Appeal' 'visa Cancellation' 'migration Review Tribunal Jurisdiction' 'notification of Visa Cancellation' 'out of Time Review Application' 'jurisdictional Error']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['extension of Time to Appeal' 'visa Cancellation' 'migration Review Tribunal Jurisdiction' 'notification of Visa Cancellation' 'out of Time Review Application' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal; Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time From Judgment of the Federal Magistrates Court Dismissing Judicial Review

Legal Issues

  1. 1 ['Whether special reasons existed to extend time to file and serve a notice of appeal against the Federal Magistrates Court judgment.' 'Whether the Migration Review Tribunal had jurisdiction to review an application lodged almost 5 years after the prescribed period ended.' 'Whether the first applicant was lawfully notified of the visa cancellation decision.' 'Whether the Tribunal was required to investigate why the first applicant withdrew the earlier review application.' "Whether the asserted detention centre pressure identified error in the Federal Magistrate's judgment or the Tribunal's decision."]

Ratio Decidendi

The proposed appeal had no merit and no special reasons justified an extension of time. The first applicant was lawfully notified of the cancellation decision on 9 September 2002, the 7 working day period for MRT review ended on 18 September 2002, and the later application received on 17 August 2007 was almost 5 years out of time. The MRT had no jurisdiction and no discretion to extend time. The grounds about withdrawal of the earlier application and alleged pressure in detention did not identify error in the Federal Magistrate's judgment or in the Tribunal's finding that the review application was out of time.

Court Disposition

Application for an extension of time dismissed with costs to the first respondent.

Orders

  • ['The application for an extension of time be dismissed.' 'The applicants do pay the costs of the first respondent to be taxed if not agreed.']