Aneja v Minister for Home Affairs [2018] FCA 1364

Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Application for Judicial Review of an Administrative Appeals Tribunal Decision / Appeal in the Federal Court of Australia

Legal Issues

1. 1 ["Whether the Administrative Appeals Tribunal had jurisdiction under s 348 of the Migration Act 1958 (Cth) to review the delegate's refusal of a Medical Treatment (Visitor) (Class UB) Visa where the review application was received after the prescribed period." 'Whether non-payment of the prescribed fee, and an application for fee reduction received outside the prescribed period, affected the validity of the Tribunal review application.' 'Whether the Federal Circuit Court erred in dismissing the application for judicial review.' 'Whether leave to appeal was required because the Federal Circuit Court judgment was interlocutory.']

Ratio Decidendi

The appeal failed because leave to appeal was required for the interlocutory Federal Circuit Court judgment and, in any event, the Tribunal correctly found that it had no jurisdiction under s 348 of the Migration Act 1958 (Cth). The delegate's decision was notified on 7 April 2017, so the application and fee were required by 28 April 2017. The application was received on 11 May 2017 and the fee was not paid. Any Tribunal error about whether a fee reduction application had been lodged was immaterial because the fee reduction application was received outside the prescribed period and could not extend time.

Court Disposition

Appeal dismissed with costs.

Orders

• ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]