Guden v Minister for Immigration and Citizenship [2013] FCA 980

FEDERAL COURT OF AUSTRALIA

Guden v Minister for Immigration and Citizenship [2013] FCA 980 Citation: Guden v Minister for Immigration and Citizenship [2013] FCA 980

Appeal from: Application for extension of time: Guden v Minister for Immigration and Citizenship [2013] AATA 380

Parties: BURAK GUDEN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 930 of 2013

Judge: DODDS-STREETON J

Date of judgment: 27 September 2013

Catchwords: PRACTICE AND PROCEDURE – applicant sought an extension of time under rule 33.13 of the Federal Court Rules to appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) ("AAT Act") – application futile as Court lacks jurisdiction to hear an appeal from the Tribunal's decision under s 500 of the Migration Act 1958 (Cth) ("Migration Act") under s 44 of the AAT Act – Tribunal's decision is a privative clause decision or purported privative clause decision – As Federal Court has jurisdiction under s 476A of the Migration Act application for extension treated as made under s 477A. MIGRATION – Tribunal did not fail to comply with Direction no 55 – Visa Refusal and Cancelation under s 501 and/or take into account irrelevant considerations – misdescription of applicant's earlier offending not material – Tribunal did not fail to undertake balancing exercise required by paragraph 7(1)(b) of Direction no 55

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) and (2A) Direction no 55 – Visa Refusal and Cancelation under s 501 (direction given pursuant to s 499 of the Migration Act 1958 (Cth)) paragraphs 6.3, 7 and 11 Federal Court Rules 2011 (Cth) r 33.13 Migration Act 1958 (Cth) ss 5, 5E, 474, 476A(1) and (2), 477(3)(d), 477A, 483, 499, 500(1), 501(1), (6) and (7)