SZIUK v Minister for Immigration and Citizenship [2007] FCA 226

SZIUK v Minister for Immigration and Citizenship [2007] FCA 226

The appeal failed because the appellant's application to the Tribunal was lodged out of time, the delegate's decision notice was sent to the address provided by the appellant and complied with s 66(2), the appellant had not notified the Department of an authorised recipient or new address for service, and the Tribunal had no power to enlarge time or jurisdiction to entertain the late application. The Federal Magistrate's decision was therefore inevitable and correct, with no appellable error.

Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Migration Appeal / Appeal Against Judgment of a Federal Magistrate Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs fixed at $2700.00.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'out of Time Review Application' 'notification of Decision' 'migration Agent']
['migration'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'out of Time Review Application' 'notification of Decision' 'migration Agent']

Case Brief

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Procedural Posture

Migration Appeal / Appeal Against Judgment of a Federal Magistrate Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal had jurisdiction to entertain an application for review lodged outside the prescribed period.' "Whether the Federal Magistrate erred in dismissing the application for judicial review of the Tribunal's decision." "Whether alleged conduct of the appellant's migration agent or notification issues affected the Tribunal's jurisdiction."]

Ratio Decidendi

The appeal failed because the appellant's application to the Tribunal was lodged out of time, the delegate's decision notice was sent to the address provided by the appellant and complied with s 66(2), the appellant had not notified the Department of an authorised recipient or new address for service, and the Tribunal had no power to enlarge time or jurisdiction to entertain the late application. The Federal Magistrate's decision was therefore inevitable and correct, with no appellable error.

Court Disposition

Appeal dismissed with costs fixed at $2700.00.

Orders

  • ['The name of the first respondent be amended to read "Minister for Immigration and Citizenship".' 'The appeal be dismissed with costs fixed at $2700.00.']