SZEAN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 526

SZEAN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 526

Because the application to the Tribunal for review of the Minister's decision was made outside statutory time limits, the Tribunal lacked jurisdiction. The failure to comply with the mandatory 28-day period was not excused by the applicant's reliance on the migration agent, and no jurisdictional error was disclosed. Leave to appeal and an extension of time would be futile.

Jurisdiction
Australia
Judgment Date
18 April 2005
Procedural Posture
Application for Leave to Appeal / Application to Extend Time and for Leave to Appeal From the Federal Magistrates Court
Outcome
Application for leave to appeal and to extend time dismissed
Legal Topics
['protection Visa' 'tribunal Jurisdiction' 'mandatory Time Limits' 'application for Judicial Review']
['migration Law'] ['protection Visa' 'tribunal Jurisdiction' 'mandatory Time Limits' 'application for Judicial Review']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application to Extend Time and for Leave to Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to review the Minister's decision where the application was lodged out of time" 'Whether leave to appeal and an extension of time should be granted to the applicant']

Ratio Decidendi

Because the application to the Tribunal for review of the Minister's decision was made outside statutory time limits, the Tribunal lacked jurisdiction. The failure to comply with the mandatory 28-day period was not excused by the applicant's reliance on the migration agent, and no jurisdictional error was disclosed. Leave to appeal and an extension of time would be futile.

Court Disposition

Application for leave to appeal and to extend time dismissed

Orders

  • ['The application for leave to appeal against a decision of the Federal Magistrates Court and to extend time for filing that application be dismissed.' "The applicant pay the respondent's costs of the application."]