ALN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1592

ALN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1592

The notification did not state the time within which the appellant could apply for review within the meaning of s 66(2)(d)(ii) because, although the period could be worked out, it was expressed and arranged in a confusing way and was liable to fail to communicate clearly that the appellant had only until 15 November 2018 to exercise his review rights. The Federal Circuit Court therefore erred, and the Tribunal's decision that it lacked jurisdiction had to be quashed.

Jurisdiction
Australia
Judgment Date
05 November 2020
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Concerning Judicial Review of an Administrative Appeals Tribunal Jurisdiction Decision / Appeal From Dismissal of Amended Application for Judicial Review
Outcome
Appeal allowed.
Legal Topics
['protection Visa Refusal Notification' 'section 66(2)(d)(ii) of the Migration Act 1958 (cth)' 'time for Merits Review Application' 'immigration Detention' 'administrative Appeals Tribunal Jurisdiction']
['migration Law' 'administrative Law'] ['protection Visa Refusal Notification' 'section 66(2)(d)(ii) of the Migration Act 1958 (cth)' 'time for Merits Review Application' 'immigration Detention' 'administrative Appeals Tribunal Jurisdiction']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Concerning Judicial Review of an Administrative Appeals Tribunal Jurisdiction Decision / Appeal From Dismissal of Amended Application for Judicial Review

Legal Issues

  1. 1 ["Whether the notification of refusal of the appellant's protection visa application stated the time in which an application for review may be made as required by s 66(2)(d)(ii) of the Migration Act 1958 (Cth)." 'Whether the Federal Circuit Court erred in concluding that the notification was sufficiently clear and complete.' "Whether the Administrative Appeals Tribunal had jurisdiction to determine the appellant's application for review lodged on 18 November 2018."]

Ratio Decidendi

The notification did not state the time within which the appellant could apply for review within the meaning of s 66(2)(d)(ii) because, although the period could be worked out, it was expressed and arranged in a confusing way and was liable to fail to communicate clearly that the appellant had only until 15 November 2018 to exercise his review rights. The Federal Circuit Court therefore erred, and the Tribunal's decision that it lacked jurisdiction had to be quashed.

Court Disposition

Appeal allowed.

Orders

  • ['The appeal be allowed.' 'Set aside orders 1 and 2 made by the Federal Circuit Court of Australia on 6 December 2019 and in their place order that the decision of the second respondent made on 10 January 2019 that it does not have jurisdiction in case number 1834244 be quashed.' "The matter be remitted to the...