Khan v Minister for Immigration and Border Protection [2018] FCA 627

FEDERAL COURT OF AUSTRALIA

Khan v Minister for Immigration and Border Protection [2018] FCA 627 Appeal from: Khan v Minister for Immigration and Border Protection [2017] FCCA 3112

File number: NSD 2155 of 2017

Judge: GRIFFITHS J

Date of judgment: 11 May 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where the appellants applied to the Administrative Appeals Tribunal (AAT) to review four decisions of a delegate of the Minister of Immigration and Border Protection refusing the appellants medical visas – where the AAT determined it lacked jurisdiction because the review application was filed after the deadline had expired – where the deadline for the appellants to lodge their review application was 21 days after notification of the delegate's decisions – where the delegate's decisions were sent by email to the appellants' migration agent, but the emails were deleted from the agent's inbox due to a technical error – whether the primary judge erred in upholding the AAT's decision that it lacked jurisdiction to determine the matter because the review application was filed out of time – held: appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 66, 347, 494B, 494C, 494D Migration Regulations 1994 (Cth), regs 2.16, 4.10

Cases cited: Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355

Date of hearing: 7 May 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords