Husseini v Minister for Immigration & Multicultural Affairs [2001] FCA 850

Husseini v Minister for Immigration & Multicultural Affairs [2001] FCA 850

The application for review was lodged outside the 28-day statutory period after notification of the Tribunal's decision. The Court has no jurisdiction to review the Tribunal's refusal to grant a protection visa due to s 478 of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
19 June 2001
Procedural Posture
Judicial Review Application / Objection to Competency (jurisdictional Challenge)
Outcome
Objection to competency upheld. Application dismissed for want of jurisdiction.
Legal Topics
['protection Visas' 'jurisdiction' 'statutory Time Limits']
['migration Law' 'administrative Law'] ['protection Visas' 'jurisdiction' 'statutory Time Limits']

Case Brief

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Procedural Posture

Judicial Review Application / Objection to Competency (jurisdictional Challenge)

Legal Issues

  1. 1 ["Whether the Federal Court has jurisdiction to review the Refugee Review Tribunal's decision where the originating application was filed outside the statutory time limit"]

Ratio Decidendi

The application for review was lodged outside the 28-day statutory period after notification of the Tribunal's decision. The Court has no jurisdiction to review the Tribunal's refusal to grant a protection visa due to s 478 of the Migration Act 1958 (Cth).

Court Disposition

Objection to competency upheld. Application dismissed for want of jurisdiction.

Orders

  • ['The notice of objection to competency is upheld.' "The Court does not have jurisdiction to hear the applicant's application."]