Le v Minister for Immigration and Citizenship [2010] FCA 1260

Le v Minister for Immigration and Citizenship [2010] FCA 1260

The Tribunal and the Court below were correct in determining that there was no jurisdiction to hear a review of the delegate's decision due to the absence of a fee waiver or payment of the prescribed fee, and therefore the appeal is without merit and must be dismissed.

Parties
Appellant: Viet Ha Le; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
17 November 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Tribunal Jurisdiction, Fee Waiver, Review of Migration Decisions
Administrative Law Migration Law Tribunal Jurisdiction Fee Waiver Review of Migration Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

Viet Ha Le

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to review the decision to refuse a Temporary Business Entry visa
  2. 2 Whether absence of a fee waiver or payment of prescribed fee barred review

Ratio Decidendi

The Tribunal and the Court below were correct in determining that there was no jurisdiction to hear a review of the delegate's decision due to the absence of a fee waiver or payment of the prescribed fee, and therefore the appeal is without merit and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Leave is given to extend the time within which to serve the notice of appeal, to 26 August 2011.
  • The appeal is dismissed.