Singh v Minister for Immigration and Border Protection [2020] FCAFC 31

The notification letter stated clearly, under appropriate headings, the time in which an application for review may be made, satisfying the requirement in s 66(2)(d)(ii) of the Migration Act 1958 (Cth); therefore, the Tribunal was correct in finding it had no jurisdiction due to the application being made out of time.

Jurisdiction: Australia
Judgment Date: 28 February 2020
Procedural Posture: Appeal / Judgment on Appeal From Federal Circuit Court, Considering Dismissal of Application for Judicial Review
Outcome: Appeal dismissed
Legal Topics: ['judicial Review' 'notification Requirements' 'tribunal Jurisdiction' 'application Time Limits']

['migration'] ['judicial Review' 'notification Requirements' 'tribunal Jurisdiction' 'application Time Limits']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court, Considering Dismissal of Application for Judicial Review

Legal Issues

1 ['Whether the notification letter stated the time in which an application for review may be made as required by Migration Act 1958 (Cth) s 66(2)(d)(ii)' 'Whether Tribunal had jurisdiction to review application made out of time' 'Whether clarity requirement of notification letter was satisfied']

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal as agreed or assessed."]