Virapornsawun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1699

Virapornsawun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1699

The Administrative Appeals Tribunal does not have jurisdiction to extend the time period prescribed by s 500(6B) of the Migration Act 1958 (Cth) for lodging an application for review, as the statutory time limit is absolute and expressly excludes the Tribunal's general power to extend time. Consequently, as the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
['judicial Review' 'time Limits for Tribunal Review' 'extension of Time' 'tribunal Jurisdiction' 'visa Cancellation']
['migration Law' 'administrative Law'] ['judicial Review' 'time Limits for Tribunal Review' 'extension of Time' 'tribunal Jurisdiction' 'visa Cancellation']

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Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal has power to extend time for a review application filed outside the prescribed period under s 500(6B) of the Migration Act 1958 (Cth)' 'Whether the Tribunal erred in dismissing the review application as out of time']

Ratio Decidendi

The Administrative Appeals Tribunal does not have jurisdiction to extend the time period prescribed by s 500(6B) of the Migration Act 1958 (Cth) for lodging an application for review, as the statutory time limit is absolute and expressly excludes the Tribunal's general power to extend time. Consequently, as the applicant filed the application outside that time period, the Tribunal was bound to dismiss the application.

Court Disposition

Application dismissed with costs

Orders

  • ['The originating application filed on 28 September 2020 be dismissed.' "The applicant pay the first respondent's costs as agreed or taxed."]