SZMDD v Minister for Immigration and Citizenship [2008] FCA 1750

SZMDD v Minister for Immigration and Citizenship [2008] FCA 1750

Leave to appeal was refused because the Federal Magistrate's decision was not attended with sufficient doubt: the Tribunal application was lodged outside the mandatory 28 day period, the applicant was deemed to have been notified of the delegate's decision after notification was sent to his notified address in compliance with s 66 of the Migration Act 1958 (Cth), and the Tribunal therefore lacked jurisdiction. The Tribunal was not required to conduct an oral hearing because the right under s 425 applies only to a valid review application, and the applicant had been given an opportunity to make written submissions on jurisdiction.

Jurisdiction
Australia
Judgment Date
21 November 2008
Procedural Posture
Application for Leave to Appeal and Extension of Time to Appeal in Migration Judicial Review Matter / Federal Court Application From Decision of the Federal Magistrate Dated 22 July 2008
Outcome
The applicant's application for leave to appeal and extension of time to appeal was dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'mandatory Time Limits' 'deemed Notification' 'leave to Appeal' 'extension of Time' 'natural Justice' 'oral Hearing']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'mandatory Time Limits' 'deemed Notification' 'leave to Appeal' 'extension of Time' 'natural Justice' 'oral Hearing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal and Extension of Time to Appeal in Migration Judicial Review Matter / Federal Court Application From Decision of the Federal Magistrate Dated 22 July 2008

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrate's dismissal of the judicial review application." 'Whether the Tribunal had jurisdiction to review an application lodged outside the mandatory 28 day period.' "Whether deemed notification under the Migration Act was conclusive although the applicant said he did not receive the delegate's decision." 'Whether the Tribunal was required to conduct an oral hearing before deciding it lacked jurisdiction.']

Ratio Decidendi

Leave to appeal was refused because the Federal Magistrate's decision was not attended with sufficient doubt: the Tribunal application was lodged outside the mandatory 28 day period, the applicant was deemed to have been notified of the delegate's decision after notification was sent to his notified address in compliance with s 66 of the Migration Act 1958 (Cth), and the Tribunal therefore lacked jurisdiction. The Tribunal was not required to conduct an oral hearing because the right under s 425 applies only to a valid review application, and the applicant had been given an opportunity to make written submissions on jurisdiction.

Court Disposition

The applicant's application for leave to appeal and extension of time to appeal was dismissed.

Orders

  • ["The applicant's application for leave to appeal, and extension of time to appeal, from the decision of the Federal Magistrate dated 22 July 2008 is dismissed." "The applicant is to pay the first respondent's costs in the sum of $2,200.00."]