Saroj v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 51

The Tribunal correctly determined it lacked jurisdiction to review the decision as the application for review was made out of time and there is no statutory power to extend the time limit; no legal error was disclosed in the FCCA's decision.

Jurisdiction: Australia
Judgment Date: 06 February 2020
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: ['judicial Review' 'jurisdiction of Administrative Appeals Tribunal' 'extension of Time for Review Applications']

['administrative Law' 'migration Law'] ['judicial Review' 'jurisdiction of Administrative Appeals Tribunal' 'extension of Time for Review Applications']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ["Whether the Administrative Appeals Tribunal had jurisdiction to review the delegate's decision when application was filed out of time" 'Whether Tribunal has discretion to extend the timeframe for merits review under Migration Act 1958 (Cth)' "Whether the appellant was properly notified of the delegate's decision under s 66(2)(d)(ii) of the Migration Act"]

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

["The name of the first respondent be changed to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]