SZJMY v Minister for Immigration & Citizenship [2008] FCA 708

SZJMY v Minister for Immigration & Citizenship [2008] FCA 708

Non-compliance with the statutory time limits for making an application to the Refugee Review Tribunal deprives the Tribunal of jurisdiction. There is no discretion to override the time limitation prescribed in s 412(1)(b) of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
20 May 2008
Procedural Posture
Appeal / Judgment on Appeal From the Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
['jurisdiction of Refugee Review Tribunal' 'time Limits for Application' 'jurisdictional Error']
['migration Law'] ['jurisdiction of Refugee Review Tribunal' 'time Limits for Application' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal had jurisdiction to consider an application lodged out of time' 'Whether the Tribunal or the Court has discretion to override time limitations']

Ratio Decidendi

Non-compliance with the statutory time limits for making an application to the Refugee Review Tribunal deprives the Tribunal of jurisdiction. There is no discretion to override the time limitation prescribed in s 412(1)(b) of the Migration Act 1958 (Cth).

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The Appellants to pay the costs of the First Respondent fixed in the amount of $1,800.']