Byun v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1060

Because the Migration Act 1958 (Cth) and Migration Regulations prescribe a strict time period for applications to the MRT and provide no discretion to extend time, and as the application was filed out of time, there are no prospects of success; leave to appeal is refused.

Jurisdiction: Australia
Judgment Date: 08 August 2006
Procedural Posture: Appeal / Application for Leave to Appeal From Summary Dismissal by Federal Magistrate
Outcome: Leave to appeal is refused with costs.
Legal Topics: ['judicial Review' 'procedural Fairness' 'appeals' 'time Limits for Review Applications']

['administrative Law' 'migration Law'] ['judicial Review' 'procedural Fairness' 'appeals' 'time Limits for Review Applications']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Application for Leave to Appeal From Summary Dismissal by Federal Magistrate

Legal Issues

1 ["Whether leave to appeal should be granted from the summary dismissal by the Federal Magistrate of an application for review of the MRT's decision" 'Whether the MRT has power to consider a review application filed outside the prescribed time' 'Whether procedural fairness was denied' 'Whether Parliament or legislation provides any discretion to extend time for an MRT review application']

Ratio Decidendi

Court Disposition

Leave to appeal is refused with costs.

Orders

['Leave to appeal is refused.' "The Applicants pay the First Respondent's costs of the application."]