Federal Court of Australia
Federal Court of Australia
Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183 Appeal from: Miller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 489
File number(s): NSD 367 of 2022
Judgment of: THAWLEY, halley and o'sullivan JJ
Date of judgment: 15 November 2022
Catchwords: MIGRATION – appeal from decision of primary judge to refuse application for review of decision of the Administrative Appeals Tribunal – where application to the Tribunal was not made in compliance with s 29(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether application contained a "statement of the reasons for the application" – whether failure to include statement invalidated application – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 25, 29, 29AB, 69C, 70 Administrative Appeals Tribunal Amendment Bill 2004 (Cth) Administrative Appeals Tribunal Regulation 2015 (Cth) regs 20, 24 Migration Act 1958 (Cth) ss 500, 501, 501CA
Cases cited: CTC Resources NL v Commissioner of Taxation [1994] FCA 947; 48 FCR 397 Fernando v Minister for Immigration and Multicultural Affairs [2000] FCA 407; 97 FCR 407 Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30; 262 CLR 510 Miller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 489 Murphy v Farmer [1988] HCA 31; 165 CLR 19 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355
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