SZKOY v Minister for Immigration and Citizenship [2008] FCA 155

SZKOY v Minister for Immigration and Citizenship [2008] FCA 155

Because the applicant lodged the application for review in the Tribunal outside the mandatory 28-day time limit, the Tribunal had no jurisdiction and no power to extend time. The Federal Magistrate correctly held that the Tribunal had no option but to find it lacked jurisdiction, so the application for leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Application for Leave to Appeal From a Judgment of the Federal Magistrates Court Dismissing an Application for Review of a Refugee Review Tribunal Decision / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'mandatory Time Limit for Review Application' 'leave to Appeal']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'mandatory Time Limit for Review Application' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Judgment of the Federal Magistrates Court Dismissing an Application for Review of a Refugee Review Tribunal Decision / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court decision dismissing review of the Tribunal's decision." 'Whether the Refugee Review Tribunal had jurisdiction where the application for review was lodged one day outside the 28-day time limit.' 'Whether the Court, the Federal Magistrates Court or the Tribunal had power to extend the mandatory time limit.']

Ratio Decidendi

Because the applicant lodged the application for review in the Tribunal outside the mandatory 28-day time limit, the Tribunal had no jurisdiction and no power to extend time. The Federal Magistrate correctly held that the Tribunal had no option but to find it lacked jurisdiction, so the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs of this application fixed in the amount of $1,500."]