CCK15 v Minister for Immigration and Border Protection [2016] FCA 1084

CCK15 v Minister for Immigration and Border Protection [2016] FCA 1084

The application for an extension of time was refused because the proposed appeal had no prospect of success. The delegate's decision was sent by registered mail to the applicant's nominated postal address and the deemed notification provisions applied, so the Tribunal review application was lodged out of time. The Tribunal therefore had no jurisdiction, the Federal Circuit Court was correct to find no error, and granting an extension of time would be futile.

Jurisdiction
Australia
Judgment Date
08 September 2016
Procedural Posture
Application for Extension of Time to File a Notice of Appeal / Federal Court of Australia Application From Orders of the Federal Circuit Court Dismissing an Application to Review a Decision of the Administrative Appeals Tribunal
Outcome
Application for an extension of time to file a notice of appeal dismissed with costs.
Legal Topics
['extension of Time to File Notice of Appeal' 'protection Visa Refusal' 'administrative Appeals Tribunal Jurisdiction' 'deemed Notification' 'out of Time Review Application' 'costs']
['administrative Law' 'migration Law' 'practice and Procedure'] ['extension of Time to File Notice of Appeal' 'protection Visa Refusal' 'administrative Appeals Tribunal Jurisdiction' 'deemed Notification' 'out of Time Review Application' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal / Federal Court of Australia Application From Orders of the Federal Circuit Court Dismissing an Application to Review a Decision of the Administrative Appeals Tribunal

Legal Issues

  1. 1 ["Whether an extension of time should be granted to file a notice of appeal from the Federal Circuit Court's orders." 'Whether the proposed appeal had sufficient merit where the Administrative Appeals Tribunal found it had no jurisdiction because the review application was lodged outside the prescribed time.' "Whether deemed notification provisions in the Migration Act 1958 (Cth) applied notwithstanding the applicant's lack of actual collection or receipt of the delegate's decision."]

Ratio Decidendi

The application for an extension of time was refused because the proposed appeal had no prospect of success. The delegate's decision was sent by registered mail to the applicant's nominated postal address and the deemed notification provisions applied, so the Tribunal review application was lodged out of time. The Tribunal therefore had no jurisdiction, the Federal Circuit Court was correct to find no error, and granting an extension of time would be futile.

Court Disposition

Application for an extension of time to file a notice of appeal dismissed with costs.

Orders

  • ['The application for an extension of time to file a notice of appeal be dismissed.' "The applicant pay the first respondent's costs as taxed or agreed." "In lieu of proceeding to taxation or reaching agreement as to the first respondent's costs, the first respondent may, within 7 days, elect to file and serve an...