DZAFH v Minister for Immigration and Border Protection [2017] FCA 984

The Tribunal had no jurisdiction to review the delegate's decision as the application for review was not lodged in the approved form with the Tribunal within the prescribed time under s 412(1)(b) of the Migration Act 1958 (Cth) and reg. 4.31 of the Migration Regulations 1994 (Cth); therefore, the appeal was dismissed.

Parties: Appellant: DZAFH; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 18 August 2017
Procedural Posture: Appeal / Judgment on Appeal From Federal Circuit Court of Australia
Outcome: Appeal dismissed
Legal Topics: Visa Application Review, Jurisdiction of Tribunal, Time Limits for Application, Judicial Review Procedures

Administrative Law Migration Law Visa Application Review Jurisdiction of Tribunal Time Limits for Application Judicial Review Procedures

Case Brief

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Parties

DZAFH

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court of Australia

Legal Issues

1 Whether the Refugee Review Tribunal had jurisdiction to review the delegate’s decision if the application for review was not lodged within the prescribed time
2 Whether the application was received in the prescribed form within the statutory period

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The appeal be dismissed.
The Appellant pay the First Respondent's costs fixed in the amount of $3,000.00.