BJE16 v Minister for Immigration and Border Protection [2017] FCA 1286

FEDERAL COURT OF AUSTRALIA

BJE16 v Minister for Immigration and Border Protection [2017] FCA 1286 Appeal from: BJE16 v Minister for Immigration and Anor [2017] FCCA 1201

File number: NSD 773 of 2017

Judge: BESANKO J

Date of judgment: 6 November 2017

Catchwords: MIGRATION – consideration of an appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the appellant was given notice of the original decision of the Minister for Immigration and Border Protection's delegate – where the appellant purported to lodge an application for review with the Tribunal which was outside the prescribed period – where the Tribunal notified the appellant that it did not consider his application for review to be valid and invited him to make any comments – where the Tribunal did not receive any comments from the appellant – where the Tribunal decided that it did not have any jurisdiction in the case of the appellant's application for review.

Legislation: Migration Act 1958 (Cth) ss 411, 412, 414, 425, 494C Migration Regulations 1994 (Cth) reg 4.31

Date of hearing: 1 November 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Counsel for the Appellant: The appellant appeared in person

Solicitor for the First Respondent: Ms N Johnson of Mills Oakley

Counsel for the Second Respondent: The second respondent entered a submitting notice, save as to costs