SZIOU v Minister for Immigration & Multicultural Affairs [2006] FCA 1137

SZIOU v Minister for Immigration & Multicultural Affairs [2006] FCA 1137

The application for review of the Delegate's decision was lodged outside the mandatory 28 day period required by s 412(1)(b) of the Migration Act 1958 (Cth), and there was no statutory power to extend time. The Tribunal therefore had no jurisdiction to deal with the application. The applicant's complaint about his migration agent did not establish jurisdictional error by the Tribunal or error by the Federal Magistrate, so no arguable case for relief was shown and leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
09 August 2006
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal Dismissed
Outcome
The application for leave to appeal was dismissed, the Refugee Review Tribunal was joined as second respondent, and the applicant was ordered to pay the first respondent's costs.
Legal Topics
['protection Visa Review' 'refugee Review Tribunal Jurisdiction' 'out of Time Review Application' 'leave to Appeal' 'jurisdictional Error']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa Review' 'refugee Review Tribunal Jurisdiction' 'out of Time Review Application' 'leave to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrate's dismissal of the show cause application." "Whether the Refugee Review Tribunal had jurisdiction where the application for review was not lodged within 28 days of notification of the Delegate's decision." "Whether the applicant's complaint about the conduct of his migration agent demonstrated jurisdictional error by the Tribunal or error by the Federal Magistrate."]

Ratio Decidendi

The application for review of the Delegate's decision was lodged outside the mandatory 28 day period required by s 412(1)(b) of the Migration Act 1958 (Cth), and there was no statutory power to extend time. The Tribunal therefore had no jurisdiction to deal with the application. The applicant's complaint about his migration agent did not establish jurisdictional error by the Tribunal or error by the Federal Magistrate, so no arguable case for relief was shown and leave to appeal was dismissed.

Court Disposition

The application for leave to appeal was dismissed, the Refugee Review Tribunal was joined as second respondent, and the applicant was ordered to pay the first respondent's costs.

Orders

  • ['The Refugee Review Tribunal be joined as the second respondent.' 'The application for leave to appeal is dismissed.' "The applicant is to pay the first respondent's costs."]