Federal Court of Australia
Federal Court of Australia
BXS20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 20 Appeal from: BXS20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 515
File number: NSD 537 of 2022
Judgment of: THAWLEY, STEWART AND KENNETT JJ
Date of judgment: 28 February 2023
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia – application for review to Administrative Appeals Tribunal – requirement in s 347(1)(c) of the Migration Act 1958 (Cth) that application for review be accompanied by "prescribed fee" – where less than "prescribed fee" written by appellant's representative on application form and balance not paid until after prescribed period – whether Tribunal was in position to require payment of "prescribed fee" from representative's credit provider – whether payment of "prescribed fee" is required within prescribed period – jurisdiction of Tribunal
Words and phrases: "accompanied by"; "prescribed period"
Legislation: Migration Act 1958 (Cth) ss 338(3), 347, 348 Migration Reform Act 1992 (Cth) Migration Regulations 1994 (Cth) regs 4.13, 4.13B
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; 239 CLR 27 Anand v Minister for Immigration and Citizenship [2013] FCA 1050; 215 FCR 562 Braganza v Minister for Immigration and Multicultural Affairs [2001] FCA 318; 109 FCR 364 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; 248 CLR 378 In re Charge Card Services Ltd [1989] Ch 497 Dahi v Minister for Home Affairs [2019] FCA 784 Fahme v Minister for Home Affairs [2019] FCAFC 41; 268 FCR 394 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; 250 CLR 503 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; 76 NSWLR 603 Hamed el Chiaty & Co (t/a Travco Nile Cruise Lines) v Thomas Cook Group Ltd (The Nile Rhapsody) [1994] 1 Lloyd's Rep 382 Kirk v Minister for Immigration and Multicultural Affairs [1998] FCA 1174; 87 FCR 99 Lacey v Attorney-General (Qld) [2011] HCA 10; 242 CLR 573 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Parata [2021] FCAFC 45; 284 FCR 62 Nader v Minister for Immigration and Multicultural Affairs [2000] FCA 908; 101 FCR 352 Public Transport Commission v J Murray-More (NSW) Pty Ltd (1975) 132 CLR 336 Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd [2015] WASCA 21; 47 WAR 547 Vumentala v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 744 Yilmaz v Minister for Immigration and Multicultural Affairs [2000] FCA 906; 100 FCR 495 Tyree AL, "Payment by credit card" (2004) 15 JBFLP 221
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