Lesianawai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 454

Lesianawai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 454

The Federal Court does not have jurisdiction to review the primary judge's refusal to extend time under s 477A(2) of the Migration Act 1958 (Cth), and the appeal must be dismissed by operation of s 476A(3)(b) of the Migration Act.

Parties
Applicant: Isaac Lesianawai; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
26 April 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Extension of Time to Review Migration Decisions, Federal Court Jurisdiction, Procedural Fairness
Migration Law Administrative Law Extension of Time to Review Migration Decisions Federal Court Jurisdiction Procedural Fairness

Case Brief

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Parties

Isaac Lesianawai

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to review the primary judge's refusal to extend time under s 477A(2) Migration Act 1958 (Cth)
  2. 2 Whether procedural fairness was denied in Tribunal proceedings
  3. 3 Whether extension of time ought to have been granted to review migration decision

Ratio Decidendi

The Federal Court does not have jurisdiction to review the primary judge's refusal to extend time under s 477A(2) of the Migration Act 1958 (Cth), and the appeal must be dismissed by operation of s 476A(3)(b) of the Migration Act.

Court Disposition

Appeal dismissed

Orders

  • The notice of appeal dated 27 August 2021 be dismissed.
  • The appellant pay the first respondent's costs as agreed or assessed.