Lewis, Maung Michael v The Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 14

Lewis, Maung Michael v The Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 14

The application was lodged on 2 August 1995 after the applicant had been notified of the Tribunal's decision by at least mid-June 1995, and therefore was outside the twenty eight day limit in s478(1)(b) of the Migration Act 1958, so no jurisdiction arose under Pt8. The application was expressed to arise under the ADJR Act, but the present case was on all fours with Dai, which established that such a Tribunal decision was reviewable only under Pt8 and not under the ADJR Act. The jurisdiction objection was therefore sound and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
23 January 1997
Procedural Posture
Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Preliminary Jurisdiction Objection; Judgment Dismissing Application
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
['refugee Status' 'protection Visa' 'judicial Review' 'federal Court Jurisdiction' 'administrative Decisions (judicial Review) Act 1977' 'migration Act 1958 Pt8' 'time Limit for Review']
['immigration' 'administrative Law'] ['refugee Status' 'protection Visa' 'judicial Review' 'federal Court Jurisdiction' 'administrative Decisions (judicial Review) Act 1977' 'migration Act 1958 Pt8' 'time Limit for Review']

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Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Preliminary Jurisdiction Objection; Judgment Dismissing Application

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction under Pt8 of the Migration Act 1958 to review the Tribunal decision where the application was not lodged within twenty eight days of notification.' 'Whether the Federal Court had jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 to review the Tribunal decision notwithstanding Pt8 of the Migration Act 1958 and s485(1).']

Ratio Decidendi

The application was lodged on 2 August 1995 after the applicant had been notified of the Tribunal's decision by at least mid-June 1995, and therefore was outside the twenty eight day limit in s478(1)(b) of the Migration Act 1958, so no jurisdiction arose under Pt8. The application was expressed to arise under the ADJR Act, but the present case was on all fours with Dai, which established that such a Tribunal decision was reviewable only under Pt8 and not under the ADJR Act. The jurisdiction objection was therefore sound and the application had to be dismissed.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs."]