SZULH v Minister for Immigration and Border Protection [2015] FCA 835

SZULH v Minister for Immigration and Border Protection [2015] FCA 835

The proposed appeal had no merit because the delegate's decision letter dated 30 January 2014 was sent by prepaid post within three working days to the applicant's last address for service, met the statutory notification requirements, and was deemed received on 10 February 2014. The 28 day period to apply for Tribunal review therefore expired on 10 March 2014, but the applicant applied on 26 March 2014. The Tribunal consequently had no jurisdiction and the Federal Circuit Court application raised no arguable case.

Jurisdiction
Australia
Judgment Date
12 August 2015
Procedural Posture
Migration Application for an Extension of Time and for Leave to Appeal / Application in the Federal Court From Orders of the Federal Circuit Court Dismissing the Application
Outcome
Application for an extension of time and for leave to appeal dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visa Refusal' 'notification of Visa Decision' 'tribunal Jurisdiction' 'out of Time Application for Review']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'protection Visa Refusal' 'notification of Visa Decision' 'tribunal Jurisdiction' 'out of Time Application for Review']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time and for Leave to Appeal / Application in the Federal Court From Orders of the Federal Circuit Court Dismissing the Application

Legal Issues

  1. 1 ['Whether an extension of time and leave to appeal should be granted.' 'Whether the proposed appeal had any merit.' 'Whether the Refugee Review Tribunal had jurisdiction where the application for review was lodged outside the prescribed time.' "Whether the applicant was taken to have been notified of the delegate's decision under the Migration Act 1958 (Cth)."]

Ratio Decidendi

The proposed appeal had no merit because the delegate's decision letter dated 30 January 2014 was sent by prepaid post within three working days to the applicant's last address for service, met the statutory notification requirements, and was deemed received on 10 February 2014. The 28 day period to apply for Tribunal review therefore expired on 10 March 2014, but the applicant applied on 26 March 2014. The Tribunal consequently had no jurisdiction and the Federal Circuit Court application raised no arguable case.

Court Disposition

Application for an extension of time and for leave to appeal dismissed with costs.

Orders

  • ['The name of the second respondent be amended to "Administrative Appeals Tribunal".' 'The application for an extension of time and for leave to appeal be dismissed.' "The applicant pay the first respondent's costs, as agreed or assessed."]