Benissa v Minister for Immigration and Border Protection [2016] FCA 76

Benissa v Minister for Immigration and Border Protection [2016] FCA 76

The Tribunal did not have jurisdiction under s 347(1) of the Migration Act due to non-payment of the prescribed fee, and was not required by s 360 to give the applicant an opportunity to make submissions about its jurisdiction.

Parties
Applicant: Emmanuel Benissa; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
12 February 2016
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal From Federal Circuit Court
Outcome
application dismissed
Legal Topics
Tribunal Jurisdiction, Prescribed Fee Payment, Procedural Fairness, Opportunity to Be Heard
Migration Law Administrative Law Tribunal Jurisdiction Prescribed Fee Payment Procedural Fairness Opportunity to Be Heard

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Emmanuel Benissa

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction when prescribed fee was not paid under s 347(1) Migration Act 1958 (Cth)
  2. 2 Whether s 360 Migration Act 1958 (Cth) required the Tribunal to give the applicant an opportunity to make submissions on jurisdiction

Ratio Decidendi

The Tribunal did not have jurisdiction under s 347(1) of the Migration Act due to non-payment of the prescribed fee, and was not required by s 360 to give the applicant an opportunity to make submissions about its jurisdiction.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the costs of the first respondent to be taxed if not agreed.