NACG v Minister for Immigration & Multicultural Affairs [2002] FCAFC 173

NACG v Minister for Immigration & Multicultural Affairs [2002] FCAFC 173

Because the applications for review were not received by the Tribunal registry within the 28 day statutory period and the Act provides no capacity for an extension, the Tribunal had no jurisdiction and thus the appeals must fail.

Jurisdiction
Australia
Judgment Date
24 May 2002
Procedural Posture
Appeal / From a Judge of the Federal Court of Australia
Outcome
Appeals dismissed
Legal Topics
['protection Visas' 'jurisdiction of Tribunal' 'time Limits for Application' 'migration Act 1958 (cth)']
['administrative Law' 'immigration Law'] ['protection Visas' 'jurisdiction of Tribunal' 'time Limits for Application' 'migration Act 1958 (cth)']

Case Brief

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Procedural Posture

Appeal / From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction when applications for review of protection visa decisions were lodged outside the statutory 28 day period' 'Whether the Act allows any extension or variation of the 28 day period' 'Whether non-receipt of documents by the Tribunal within the required time affects jurisdiction']

Ratio Decidendi

Because the applications for review were not received by the Tribunal registry within the 28 day statutory period and the Act provides no capacity for an extension, the Tribunal had no jurisdiction and thus the appeals must fail.

Court Disposition

Appeals dismissed

Orders

  • ['The appeal be dismissed in both matters.' "The appellant pay the respondent's costs in both matters."]