Domany v Minister for Home Affairs [2019] FCA 1508

Domany v Minister for Home Affairs [2019] FCA 1508

The applicant's Tribunal review application was filed after the prescribed 21 day period had expired and was accompanied by an authorisation to pay $0, even though the Regulations did not permit the prescribed fee to be fixed at nil. Because the statutory preconditions for the Tribunal's jurisdiction were not satisfied by the due date, the Tribunal and the Federal Circuit Court were correct. The proposed appeal therefore had no prospects of success, making it futile to grant an extension of time.

Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Migration Application for Extension of Time to Appeal From a Federal Circuit Court Judgment / Federal Court Application for Extension of Time
Outcome
Application dismissed
Legal Topics
['extension of Time to Appeal' 'special Eligibility (class Cb) Former Resident (subclass 151) Visa' 'part 5 Reviewable Decision' 'administrative Appeals Tribunal Jurisdiction' 'prescribed Period and Prescribed Fee']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'special Eligibility (class Cb) Former Resident (subclass 151) Visa' 'part 5 Reviewable Decision' 'administrative Appeals Tribunal Jurisdiction' 'prescribed Period and Prescribed Fee']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal From a Federal Circuit Court Judgment / Federal Court Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal had prospects of success where the Tribunal review application was filed outside the prescribed period and was not accompanied by the prescribed fee.' 'Whether the Tribunal had jurisdiction when the statutory preconditions for a valid review application were not satisfied by the due date.']

Ratio Decidendi

The applicant's Tribunal review application was filed after the prescribed 21 day period had expired and was accompanied by an authorisation to pay $0, even though the Regulations did not permit the prescribed fee to be fixed at nil. Because the statutory preconditions for the Tribunal's jurisdiction were not satisfied by the due date, the Tribunal and the Federal Circuit Court were correct. The proposed appeal therefore had no prospects of success, making it futile to grant an extension of time.

Court Disposition

Application dismissed

Orders

  • ['The application for an extension of time filed 22 March 2019 is dismissed.' "The applicant is to pay the first respondent's costs of the application to be taxed failing agreement."]