SZKET v Minister for Immigration & Citizenship [2007] FCA 1705

SZKET v Minister for Immigration & Citizenship [2007] FCA 1705

Actual notification of the Tribunal's written reasons, by personal delivery, is required for the judicial review application deadline to begin; absence of such notification renders time limit unenforceable and Federal Magistrates Court retains jurisdiction.

Parties
Appellant: SZKET; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
07 November 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Time for Application for Judicial Review, Personal Service of Tribunal Reasons
Migration Law Time for Application for Judicial Review Personal Service of Tribunal Reasons

Case Brief

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Parties

SZKET

Appellant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 When does the time for applying for judicial review start under s 477(1) of the Migration Act 1958 (Cth)?
  2. 2 Is personal service of the Refugee Review Tribunal's reasons required for the notification period to begin?

Ratio Decidendi

Actual notification of the Tribunal's written reasons, by personal delivery, is required for the judicial review application deadline to begin; absence of such notification renders time limit unenforceable and Federal Magistrates Court retains jurisdiction.

Court Disposition

appeal allowed

Orders

  • Leave to appeal be granted.
  • The appeal be heard instanter.