Patel v Minister for Home Affairs [2019] FCA 280

FEDERAL COURT OF AUSTRALIA

Patel v Minister for Home Affairs [2019] FCA 280 Appeal from: Application for leave to appeal: Patel v Minister for Immigration & Anor [2018] FCCA 2337

File number: NSD 1522 of 2018

Judge: FARRELL J

Date of judgment: 4 March 2019

Catchwords: MIGRATION – Application for leave to appeal a decision of the Federal Circuit Court of Australia summarily dismissing application for judicial review of a decision of the Administrative Appeals Tribunal – applicant lodged application for review of a Part 5-reviewable decision to Tribunal outside prescribed 21 day time period – Tribunal found it did not have jurisdiction – whether Tribunal failed to exercise its jurisdiction – no power for Tribunal to extend time in which to entertain the applicant's application – Beni v Minister for Immigration and Border Protection [2018] FCAFC 228 followed – application dismissed

Legislation: Federal Circuit Court Rules 2001 (Cth) r 13.10 Federal Court Rules 2011 (Cth) r 35.13 Migration Act 1958 (Cth) ss 348(1) and 494C Migration Legislation Amendment (2017 Measures No 3) Regulations 2017 (Cth) Schs 3 and 12 Migration Regulations 1994 (Cth) Schs 2 and 3

Cases cited: Ahmad v Minister for Immigration and Border Protection (No 2) [2018] FCAFC 200 Beni v Minister for Immigration and Border Protection [2018] FCAFC 228 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Patel v Minister for Immigration & Anor [2018] FCCA 2337 SZWBH v Minister for Immigration and Border Protection (2015) 229 FCR 317; [2015] FCAFC 88