SZEKC v Minister for Immigration and Multicultural Affairs [2006] FCA 1065

SZEKC v Minister for Immigration and Multicultural Affairs [2006] FCA 1065

The application for review was filed outside the statutory time period prescribed by s 477 of the Migration Act 1958 as modified by transitional provisions; thus, the appeal must be dismissed.

Parties
Appellant: SZEKC; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
15 August 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Migration Application Time Limits, Jurisdictional Error, Extension of Time
Immigration Migration Application Time Limits Jurisdictional Error Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

SZEKC

Appellant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the application for review was filed within the prescribed time limits under s 477 of the Migration Act 1958
  2. 2 Applicability of statutory time limits to migration decisions affected by jurisdictional error

Ratio Decidendi

The application for review was filed outside the statutory time period prescribed by s 477 of the Migration Act 1958 as modified by transitional provisions; thus, the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.