Hanna v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 604

Hanna v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 604

The Tribunal's jurisdiction under s 347(1) of the Migration Act requires that a review application be accompanied by payment of the prescribed fee or at least 50% if a fee reduction request is made. As the appellant paid no fee within the prescribed period, the Tribunal lacked jurisdiction. The primary judge was correct to conclude that the Tribunal had no jurisdiction.

Parties
Appellant: Joseph Hanna; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 June 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Tribunal Jurisdiction, Visa Application, Fee Reduction
Administrative Law Migration Law Judicial Review Tribunal Jurisdiction Visa Application Fee Reduction

Case Brief

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Parties

Joseph Hanna

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal had jurisdiction when the application for review was not accompanied by a prescribed fee within the prescribed period and a fee reduction request was pending
  2. 2 Whether the primary judge erred in concluding that the Tribunal had no jurisdiction

Ratio Decidendi

The Tribunal's jurisdiction under s 347(1) of the Migration Act requires that a review application be accompanied by payment of the prescribed fee or at least 50% if a fee reduction request is made. As the appellant paid no fee within the prescribed period, the Tribunal lacked jurisdiction. The primary judge was correct to conclude that the Tribunal had no jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • The name of the first respondent be amended to 'Minister for Immigration, Citizenship and Multicultural Affairs'.
  • The appeal be dismissed.