Ying Chao Mai v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 331

Ying Chao Mai v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 331

Court does not have jurisdiction to hear and decide the application as it was filed outside the mandatory 28-day limit imposed by s478 of the Migration Act; no power exists to extend or waive that period.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 May 1996
Procedural Posture
Judicial Review Application / Final Judgment—application Dismissed for Want of Jurisdiction
Outcome
Application dismissed for want of jurisdiction
Legal Topics
['federal Court Jurisdiction' 'time Limits in Migration Review' 'procedural Fairness' 'refugee Status Determination']
['immigration' 'administrative Law'] ['federal Court Jurisdiction' 'time Limits in Migration Review' 'procedural Fairness' 'refugee Status Determination']

Source-derived case record

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Procedural Posture

Judicial Review Application / Final Judgment—application Dismissed for Want of Jurisdiction

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to review RRT decision due to time limits' 'Effect of amendments to the Migration Act on jurisdiction' 'Whether Court can extend time for filing judicial review applications']

Ratio Decidendi

Court does not have jurisdiction to hear and decide the application as it was filed outside the mandatory 28-day limit imposed by s478 of the Migration Act; no power exists to extend or waive that period.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • ['The application be dismissed.']