Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Parata [2021] FCAFC 46

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Parata [2021] FCAFC 46

A notification under s 127(2) of the Migration Act 1958 (Cth) that does not state whether the decision is reviewable under Part 5 or Part 7 does not constitute valid notification for commencing the statutory time limit to seek merits review. Consequently, the Tribunal erred in deciding it lacked jurisdiction, and the period for Mr Parata to apply for review had not commenced to run.

Parties
Appellant: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; First Respondent: Karl William Parata; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
31 March 2021
Procedural Posture
Appeal / Full Federal Court Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Merits Review, Jurisdictional Error, Notification Requirements, Time Limits for Applications, Fee Payment for Review Applications
Migration Law Administrative Law Constitutional Law Merits Review Jurisdictional Error Notification Requirements Time Limits for Applications Fee Payment for Review Applications

Case Brief

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Parties

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Appellant

Karl William Parata

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Full Federal Court Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal had jurisdiction to review the visa cancellation decision given an alleged defect in the notification under s 127 of the Migration Act 1958 (Cth)
  2. 2 Whether a non-compliant notification under s 127 affects when the statutory period for review commences running
  3. 3 Whether failure to pay the prescribed fee within the prescribed period prevents a valid application for review

Ratio Decidendi

A notification under s 127(2) of the Migration Act 1958 (Cth) that does not state whether the decision is reviewable under Part 5 or Part 7 does not constitute valid notification for commencing the statutory time limit to seek merits review. Consequently, the Tribunal erred in deciding it lacked jurisdiction, and the period for Mr Parata to apply for review had not commenced to run.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.