Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434

Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434

The Notification Letter did not comply with s 66(2)(d)(ii) of the Migration Act 1958 (Cth) because it did not state, with the required clarity and completeness, the time within which the application for review could be made; therefore, the Tribunal's decision that it lacked jurisdiction due to an out-of-time...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 May 2023
Procedural Posture
Appeal / Appeal From Federal Circuit and Family Court of Australia (div 2) to Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
['judicial Review of Tribunal Decisions' 'notification Requirements Under Migration Act' 'jurisdictional Error' 'visa Refusal and Appeal Procedure']
['migration Law' 'administrative Law'] ['judicial Review of Tribunal Decisions' 'notification Requirements Under Migration Act' 'jurisdictional Error' 'visa Refusal and Appeal Procedure']

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Procedural Posture

Appeal / Appeal From Federal Circuit and Family Court of Australia (div 2) to Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Notification Letter complied with s 66(2)(d)(ii) of the Migration Act 1958 (Cth)' 'Whether the Administrative Appeals Tribunal lacked jurisdiction due to alleged late filing' 'Whether invalid notice meant the time to appeal had not commenced']

Ratio Decidendi

The Notification Letter did not comply with s 66(2)(d)(ii) of the Migration Act 1958 (Cth) because it did not state, with the required clarity and completeness, the time within which the application for review could be made; therefore, the Tribunal's decision that it lacked jurisdiction due to an out-of-time application was affected by jurisdictional error and must be quashed.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The orders of the Federal Circuit and Family Court of Australia (Div 2) on 21 April 2022 be set aside.' 'The decision of the second respondent (Tribunal) made on 3 May 2018 be quashed.' "The applicant's review application is remitted to the Tribunal to determine on the basis that it has...