SZEBS v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 456

SZEBS v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 456

The RRT had no jurisdiction to consider the appellant's second application for review because it was functus officio following its valid earlier decision, and in any event, a second application out of time cannot confer jurisdiction, nor does fault of a migration agent amount to jurisdictional error.

Jurisdiction
Australia
Judgment Date
27 April 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['protection Visa' 'jurisdiction of Tribunal' 'time Limits for Review' 'functus Officio' 'migration Agent Default']
['immigration Law' 'administrative Law'] ['protection Visa' 'jurisdiction of Tribunal' 'time Limits for Review' 'functus Officio' 'migration Agent Default']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal had jurisdiction to consider a second application for review after a previous valid determination and after expiration of statutory time limit' 'Whether default by the migration agent conferred jurisdiction or amounted to jurisdictional error']

Ratio Decidendi

The RRT had no jurisdiction to consider the appellant's second application for review because it was functus officio following its valid earlier decision, and in any event, a second application out of time cannot confer jurisdiction, nor does fault of a migration agent amount to jurisdictional error.

Court Disposition

appeal dismissed

Orders

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