Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Russell v Minister for Home Affairs [2018] FCA 2102 File number(s): NSD 1792 of 2018
Judge(s): FARRELL J
Date of judgment: 17 December 2018
Catchwords: MIGRATION – application to review a "no jurisdiction" decision of the Administrative Appeals Tribunal – visa cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) – a delegate of the Minister refused to revoke the decision to cancel the visa – application to the Tribunal for merits review of the non-revocation decision lodged one day after the time prescribed by s 500(6B) of the Migration Act – applicant attempted to file application within time but email was not received by Tribunal due to excessive size of attachment – whether Brown v Minister for Home Affairs (No 2) [2018] FCA 1787 is applicable – application dismissed
Legislation: Migration Act 1957 (Cth) ss 476A, 494B, 500, 501, 501G Administrative Appeals Tribunal Act 1975 (Cth) s 29
Cases cited: Brown v Minister for Home Affairs [2018] FCA 1643 Brown v Minister for Home Affairs (No 2) [2018] FCA 1787 Pomare v Minister for Immigration and Citizenship (2008) 167 FCR 494; [2008] FCA 458
Date of hearing: 17 December 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: The applicant appeared in person
Solicitor for the First Respondent: Mia Donald of Sparke Helmore Lawyers
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