Benissa v Minister for Immigration and Border Protection [2016] FCA 76

FEDERAL COURT OF AUSTRALIA

Benissa v Minister for Immigration and Border Protection [2016] FCA 76 Appeal from: Benissa v Minister for Immigration & Anor [2015] FCCA 2868

File number: VID 638 of 2015

Judge: EDELMAN J

Date of judgment: 12 February 2016

Catchwords: MIGRATION – where prescribed fee had not been paid pursuant to s 347(1) of the Migration Act 1958 (Cth) – whether Tribunal had jurisdiction – whether s 360 required the Tribunal to give the applicant an opportunity to make submissions about whether it had jurisdiction – Tribunal did not have jurisdiction and was not required by s 360 to give the applicant an opportunity to make submissions – application dismissed

Legislation: Migration Act 1958 (Cth) ss 65, 339, 339(1)(c), 347, 347(1), 347(1)(c), 359C(1), 359C(2), 360, 360(1), 425, 425(1), 460(1) Migration Regulations 1994 (Cth) regs 4.13, 4.13(1), 4.13(4), 4.13A, 4.13B Federal Court of Australia Act 1967 ss 4, 24(1A)

Cases cited: Braganza v Minister for Immigration and Multicultural and Indigenous Affairs [2001] FCA 318; (2001) 109 FCR 364 Brouwer v Titan Corporation Ltd & Ors (1997) 73 FCR 241 Cheng v Minister for Immigration and Citizenship [2011] FCA 1290; (2011) 198 FCR 559 El Mourani v Minister for Immigration and Citizenship [2010] FCA 289 Kirk v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 99 Ong v Minister for Immigration and Citizenship [2010] FCA 1259 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 47 Re Minister for Immigration and Multicultural and Indigenous Affairs: Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1 SZAJB v Minister for Immigration and Citizenship and Another [2008] FCAFC 75; (2008) 168 FCR 410 SZEYK v Minister for Immigration [2008] FCA 1940 Tabet v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 446