Godara v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1341

Godara v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1341

The Tribunal was correct in finding it lacked jurisdiction as the appellant's application for review was lodged out of time; there was no error by the primary judge upholding this conclusion in law or fact.

Parties
Appellant: Akvinder Kaur Godara; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Tribunal, Time Limits for Review Applications, Fixed Costs Awards
Migration Law Administrative Law Jurisdiction of Tribunal Time Limits for Review Applications Fixed Costs Awards

Case Brief

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Parties

Akvinder Kaur Godara

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal erred in finding it had no jurisdiction to determine the appellant's application for review as it was filed out of time
  2. 2 Whether the primary judge erred in upholding the Tribunal's conclusion regarding its lack of jurisdiction

Ratio Decidendi

The Tribunal was correct in finding it lacked jurisdiction as the appellant's application for review was lodged out of time; there was no error by the primary judge upholding this conclusion in law or fact.

Court Disposition

Appeal dismissed

Orders

  • The name of the first respondent be changed to 'Minister for Immigration, Citizenship and Multicultural Affairs'.
  • The appeal be dismissed.