Boyjonauth v Minister for Immigration and Multicultural Affairs [2024] FCAFC 130

Federal Court of Australia Boyjonauth v Minister for Immigration and Multicultural Affairs [2024] FCAFC 130 Appeal from: Boyjonauth v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 557

File number(s): NSD 613 of 2022

Judgment of: THAWLEY, ROFE AND KENNETT JJ

Date of judgment: 8 October 2024

Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia – where Administrative Appeals Tribunal formed view that it had no jurisdiction to review refusal of medical treatment visa – where application for review under Part 5 of the Migration Act 1958 (Cth) not accompanied by the prescribed fee – whether the primary judge erred in concluding that the Tribunal had no jurisdiction – where appellant argued that an application for review under Part 5 is not invalid where the prescribed fee is not paid within the prescribed period – where appellant says that the making of an application in the approved form within the prescribed period is sufficient to engage the jurisdiction of the Tribunal and that the Tribunal may then exercise discretion on how to deal with non-payment of the fee – Held: appeal dismissed – the prescribed fee must be paid for the Tribunal to have jurisdiction

Acts Interpretation Act 1901 (Cth) s 15AA Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 24Z, 25, 29, 42, 69C Legislation: Migration Act 1958 (Cth) ss 347, 348, 349, 363, 476, 504 Tribunals Amalgamation Act 2015 (Cth) Migration Regulations 1994 (Cth) reg 4.10, 4.13