SZTQW v Minister for Immigration and Border Protection [2015] FCA 112

SZTQW v Minister for Immigration and Border Protection [2015] FCA 112

Notification mailed to the address supplied by the applicant, even if the postcode is corrected to match the suburb, is valid for the purposes of commencing the statutory period for review. There was no error or practical injustice, and the application for review was lodged out of time. The Tribunal did not have jurisdiction and the primary judge was correct to dismiss the application.

Jurisdiction
Australia
Judgment Date
23 February 2015
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['notification of Decision' 'procedural Time Limits' 'jurisdiction of Refugee Review Tribunal']
['migration'] ['notification of Decision' 'procedural Time Limits' 'jurisdiction of Refugee Review Tribunal']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether notification sent to address containing the wrong postcode invalidated the notification under the Migration Act 1958 (Cth) and related regulations' 'Whether the Tribunal erred in concluding it lacked jurisdiction due to the late lodgement of the review application' 'Whether the Tribunal and Department complied with notification obligations']

Ratio Decidendi

Notification mailed to the address supplied by the applicant, even if the postcode is corrected to match the suburb, is valid for the purposes of commencing the statutory period for review. There was no error or practical injustice, and the application for review was lodged out of time. The Tribunal did not have jurisdiction and the primary judge was correct to dismiss the application.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs, to be taxed if not otherwise agreed.']