ALJ22 v Minister for Immigration and Multicultural Affairs [2024] FCA 1427

ALJ22 v Minister for Immigration and Multicultural Affairs [2024] FCA 1427

A decision by the Tribunal that it lacks jurisdiction to review a Part 7-reviewable decision due to an out-of-time application is not a 'decision of the Tribunal under section 415' for the purposes of s 417 of the Migration Act. As no decision under s 415 was made, the precondition for Ministerial intervention under s 417 was not satisfied; accordingly, the application must be dismissed.

Parties
First Applicant: ALJ22; Second Applicant: ALK22; Third Applicant: BHD24; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Position Number: 60019093 Department of Home Affairs
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Statutory Interpretation, Jurisdiction of Administrative Appeals Tribunal, Ministerial Intervention – S 417 Migration Act
Migration Statutory Interpretation Jurisdiction of Administrative Appeals Tribunal Ministerial Intervention – S 417 Migration Act

Case Brief

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Parties

ALJ22

First Applicant

ALK22

Second Applicant

BHD24

Third Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Position Number: 60019093 Department of Home Affairs

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a decision by the Tribunal that it lacked jurisdiction is ‘a decision of the Tribunal under section 415’ for the purposes of s 417 of the Migration Act
  2. 2 Whether the Minister has power under s 417 to substitute a more favourable decision where the Tribunal refused a merits review application as out of time

Ratio Decidendi

A decision by the Tribunal that it lacks jurisdiction to review a Part 7-reviewable decision due to an out-of-time application is not a 'decision of the Tribunal under section 415' for the purposes of s 417 of the Migration Act. As no decision under s 415 was made, the precondition for Ministerial intervention under s 417 was not satisfied; accordingly, the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicants are to pay the respondents' costs, as agreed or taxed.