ASZ16 v Minister for Immigration and Border Protection [2017] FCA 1629

ASZ16 v Minister for Immigration and Border Protection [2017] FCA 1629

The application for an extension of time was dismissed because the proposed appeal was manifestly hopeless. The delegate's decision letter dated 24 September 2015 was sent by registered post on 25 September 2015 to the address provided by the applicant, and the applicant was deemed to have received it on 5 October 2015. The last day to apply to the Tribunal was 3 November 2015, but the applicant lodged his review application only on 22 January 2016. The Tribunal's conclusion that it lacked jurisdiction, and the Federal Circuit Court's confirmation of that conclusion, could not successfully be challenged.

Jurisdiction
Australia
Judgment Date
16 November 2017
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Federal Court Hearing of Application for Extension of Time
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['protection Visa Refusal' 'administrative Appeals Tribunal Jurisdiction' 'time Limit for Review Application' 'deemed Notification of Migration Decision' 'extension of Time']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['protection Visa Refusal' 'administrative Appeals Tribunal Jurisdiction' 'time Limit for Review Application' 'deemed Notification of Migration Decision' 'extension of Time']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Federal Court Hearing of Application for Extension of Time

Legal Issues

  1. 1 ["Whether the application for an extension of time should be heard in the applicant's absence after notice of the hearing had been sent to him." "Whether the applicant had any arguable appeal from the Federal Circuit Court's dismissal of his application to set aside the Administrative Appeals Tribunal's decision that it lacked jurisdiction." "Whether the applicant's application to the Tribunal was lodged within the 28 day period after deemed notification of the delegate's decision required by s 412(1)(b) of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The application for an extension of time was dismissed because the proposed appeal was manifestly hopeless. The delegate's decision letter dated 24 September 2015 was sent by registered post on 25 September 2015 to the address provided by the applicant, and the applicant was deemed to have received it on 5 October 2015. The last day to apply to the Tribunal was 3 November 2015, but the applicant lodged his review application only on 22 January 2016. The Tribunal's conclusion that it lacked jurisdiction, and the Federal Circuit Court's confirmation of that conclusion, could not successfully be challenged.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1,756."]