CGJ16 v Minister for Immigration and Border Protection [2018] FCA 1437

CGJ16 v Minister for Immigration and Border Protection [2018] FCA 1437

Where notification of the visa refusal is sent in accordance with the Act and Regulations, the 28-day period for review applies strictly as prescribed; there is no discretion for the Tribunal to accept out-of-time applications unless the original notification is withdrawn. No duty arises to remind applicants as time is running out.

Jurisdiction
Australia
Judgment Date
18 September 2018
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court
Outcome
Appeal dismissed with costs (excluding costs of senior counsel for hearing on 18 September 2018)
Legal Topics
['protection Visa Refusal' 'merits Review' 'jurisdiction of Tribunal' 'notification Requirements' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visa Refusal' 'merits Review' 'jurisdiction of Tribunal' 'notification Requirements' 'procedural Fairness']

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether there was a duty to inform the appellant that time was running out to seek review' 'Whether the Migration Act or Regulations permit discretion for late applications' 'Whether proper notification of the visa refusal was given under the Act and Regulations']

Ratio Decidendi

Where notification of the visa refusal is sent in accordance with the Act and Regulations, the 28-day period for review applies strictly as prescribed; there is no discretion for the Tribunal to accept out-of-time applications unless the original notification is withdrawn. No duty arises to remind applicants as time is running out.

Court Disposition

Appeal dismissed with costs (excluding costs of senior counsel for hearing on 18 September 2018)

Orders

  • ['The appeal be dismissed with costs, such costs not to include costs of senior counsel for the hearing on 18 September 2018.']