Pomare v Minister for Immigration and Citizenship [2008] FCA 458

Pomare v Minister for Immigration and Citizenship [2008] FCA 458

The Tribunal erred in determining it had no jurisdiction because the notice to the applicant did not state the address of a registry office of the Tribunal as required by s 501G(1)(f)(iv), so the statutory nine-day period for lodging an application for review did not begin to run, and the application was not out of time.

Parties
Applicant: Cody Pomare; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
09 April 2008
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed. Tribunal's decision set aside and matter remitted.
Legal Topics
Time Limits for Review Applications, Notification Requirements Under Migration Act, Jurisdiction of Administrative Appeals Tribunal
Administrative Law Migration Time Limits for Review Applications Notification Requirements Under Migration Act Jurisdiction of Administrative Appeals Tribunal

Case Brief

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Parties

Cody Pomare

Applicant

Minister for Immigration and Citizenship

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal erred in finding it lacked jurisdiction due to the time of lodgment of the application for review.
  2. 2 Whether the notice given to the applicant complied with s 501G(1)(f)(iv) of the Migration Act 1958 (Cth) regarding where an application for review can be made.
  3. 3 Whether non-compliance with notification requirements prevented the statutory time limit from commencing.

Ratio Decidendi

The Tribunal erred in determining it had no jurisdiction because the notice to the applicant did not state the address of a registry office of the Tribunal as required by s 501G(1)(f)(iv), so the statutory nine-day period for lodging an application for review did not begin to run, and the application was not out of time.

Court Disposition

Appeal allowed. Tribunal's decision set aside and matter remitted.

Orders

  • The decision of the Administrative Appeals Tribunal made on 19 December 2007 in proceeding 2007/5329 be set aside.
  • The matter be remitted to the Administrative Appeals Tribunal to be heard and determined in accordance with law.