Manandhar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1426

Manandhar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1426

Because the appellant was validly notified of the delegate's refusal decision and lodged his Tribunal review application 22 days after receipt, outside the 21 day period prescribed by s 347(1)(b)(i) of the Migration Act 1958 (Cth) and r 4.10 of the Migration Regulations 1994 (Cth), the Tribunal had no jurisdiction and no discretion to extend time or consider the merits or personal circumstances. The asserted grounds did not identify reviewable error, and the notification letter clearly conveyed the review period and complied with s 66(2)(d)(ii).

Jurisdiction
Australia
Judgment Date
06 October 2020
Procedural Posture
Migration Appeal From Federal Circuit Court Judgment Dismissing Judicial Review of Administrative Appeals Tribunal Decision / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['student Visa Refusal' 'administrative Appeals Tribunal Jurisdiction' 'out of Time Review Application' 'notification of Visa Refusal Decision' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['student Visa Refusal' 'administrative Appeals Tribunal Jurisdiction' 'out of Time Review Application' 'notification of Visa Refusal Decision' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Judgment Dismissing Judicial Review of Administrative Appeals Tribunal Decision / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal had jurisdiction to review the delegate's refusal of a temporary student visa where the review application was lodged outside the prescribed 21 day period." 'Whether the Tribunal, the Federal Circuit Court, or the Department of Home Affairs committed reviewable or jurisdictional error by failing to consider personal circumstances, request further evidence, consider oral evidence, or allow supporting documents.' 'Whether the notification letter validly complied with s 66(2)(d) of the Migration Act 1958 (Cth) so that the review period commenced.']

Ratio Decidendi

Because the appellant was validly notified of the delegate's refusal decision and lodged his Tribunal review application 22 days after receipt, outside the 21 day period prescribed by s 347(1)(b)(i) of the Migration Act 1958 (Cth) and r 4.10 of the Migration Regulations 1994 (Cth), the Tribunal had no jurisdiction and no discretion to extend time or consider the merits or personal circumstances. The asserted grounds did not identify reviewable error, and the notification letter clearly conveyed the review period and complied with s 66(2)(d)(ii).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or taxed."]