Islam v Minister for Immigration and Citizenship [2012] FCA 304

Islam v Minister for Immigration and Citizenship [2012] FCA 304

The appellants were deemed to have received the delegate's decision on 26 July 2010, so the 21 day period for lodging an application for review ended on 16 August 2010. Because the application was lodged on 20 August 2010, it was out of time and the Tribunal correctly determined that it had no jurisdiction. Alleged incorrect advice by the migration agent did not establish jurisdictional error by the Tribunal.

Jurisdiction
Australia
Judgment Date
20 February 2012
Procedural Posture
Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Review of a Migration Review Tribunal Decision / Appeal
Outcome
The appeal was dismissed.
Legal Topics
['student (temporary)(class Tu) Visas' 'migration Review Tribunal Jurisdiction' 'out of Time Review Application' 'deemed Notification' 'jurisdictional Error' 'migration Agent Advice']
['migration Law' 'administrative Law'] ['student (temporary)(class Tu) Visas' 'migration Review Tribunal Jurisdiction' 'out of Time Review Application' 'deemed Notification' 'jurisdictional Error' 'migration Agent Advice']

Case Brief

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Procedural Posture

Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Review of a Migration Review Tribunal Decision / Appeal

Legal Issues

  1. 1 ['Whether the Migration Review Tribunal correctly determined that it had no jurisdiction because the application for review was lodged out of time' "Whether alleged incorrect advice by the appellants' migration agent established jurisdictional error" 'Whether there was a constructive failure to uphold natural justice']

Ratio Decidendi

The appellants were deemed to have received the delegate's decision on 26 July 2010, so the 21 day period for lodging an application for review ended on 16 August 2010. Because the application was lodged on 20 August 2010, it was out of time and the Tribunal correctly determined that it had no jurisdiction. Alleged incorrect advice by the migration agent did not establish jurisdictional error by the Tribunal.

Court Disposition

The appeal was dismissed.

Orders

  • ['The appeal is dismissed.' "The appellants pay the first respondent's costs of the appeal."]