Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 506

Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 506

Where an application for review is lodged outside the statutory time limit imposed by s 412(1)(b) of the Migration Act 1958, the Refugee Review Tribunal is without jurisdiction to consider the review, and s 420 does not confer discretion to extend that period.

Jurisdiction
Australia
Judgment Date
20 April 1999
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
['protection Visa' 'tribunal Jurisdiction' 'review Out of Time' 'time Limits for Review' 'jurisdiction of Tribunal']
['migration Law' 'administrative Law'] ['protection Visa' 'tribunal Jurisdiction' 'review Out of Time' 'time Limits for Review' 'jurisdiction of Tribunal']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal has jurisdiction to consider an application for review lodged outside the statutory time limit' 'Whether s 420 of the Migration Act 1958 allows for discretion to extend time to ensure substantial justice and decide on the merits']

Ratio Decidendi

Where an application for review is lodged outside the statutory time limit imposed by s 412(1)(b) of the Migration Act 1958, the Refugee Review Tribunal is without jurisdiction to consider the review, and s 420 does not confer discretion to extend that period.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'No order as to costs.']