SZVEL v Minister for Immigration and Border Protection [2017] FCA 1287

FEDERAL COURT OF AUSTRALIA

SZVEL v Minister for Immigration and Border Protection [2017] FCA 1287 Appeal from: Application for an extension of time: SZVEL v Minister for Immigration & Anor [2017] FCCA 1630; SZVEL v Minister for Immigration & Anor (No 2) [2017] FCCA 1792

File number: NSD 1063 of 2017

Judge: BESANKO J

Date of judgment: 6 November 2017

Catchwords: MIGRATION – consideration of an application for an extension of time within which to seek leave to appeal from an order of the Federal Circuit Court refusing an application for an adjournment of a show cause hearing – consideration of an application for judicial review of a decision of the Federal Circuit Court dismissing the applicant's application for judicial review of a decision of the Tribunal – where applicant was given notice of the original decision of the Minister for Immigration and Border Protection's delegate by registered post – where the applicant purported to lodge an application for review with the Tribunal which was outside the prescribed period – where the Tribunal notified the applicant by registered post that it did not consider his application for review to be valid and invited him to make any comments – where the applicant's postal address contained a misdescription being one letter in the name of the street – where the address was otherwise properly described – where the Tribunal did not receive any comments from the applicant – where the Tribunal decided that it did not have any jurisdiction in the case of the applicant's application for review.

Legislation: Migration Act 1958 (Cth) ss 412, 494C Federal Circuit Court Rules 2001 (Cth) r 44.12 Migration Regulations 1994 (Cth) reg 4.31