SZKNX v Minister for Immigration and Citizenship [2007] FCA 1630

SZKNX v Minister for Immigration and Citizenship [2007] FCA 1630

Because there was no physical delivery to the applicant of the Tribunal's written statement as required by s 430(1) Migration Act, time under s 477 had not begun to run, so the application could not be out of time.

Parties
Applicant: SZKNX; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
19 November 2007
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal and Appeal From Interlocutory Decision
Outcome
Appeal allowed by consent; proceeding remitted for rehearing.
Legal Topics
Interlocutory Appeals, Time Limits for Judicial Review, Notification of Tribunal Decisions
Migration Law Interlocutory Appeals Time Limits for Judicial Review Notification of Tribunal Decisions

Case Brief

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Parties

SZKNX

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal and Appeal From Interlocutory Decision

Legal Issues

  1. 1 When does time begin to run under s 477 of the Migration Act for judicial review applications?
  2. 2 Whether physical delivery of the written Tribunal statement to the applicant was required to start time running.

Ratio Decidendi

Because there was no physical delivery to the applicant of the Tribunal's written statement as required by s 430(1) Migration Act, time under s 477 had not begun to run, so the application could not be out of time.

Court Disposition

Appeal allowed by consent; proceeding remitted for rehearing.

Orders

  • The application for leave to appeal be granted.
  • The appeal be allowed.