Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dahi v Minister for Home Affairs [2019] FCA 784 Appeal from: Dahi v Minister for Immigration [2018] FCCA 3148
File number: NSD 2383 of 2018
Judge: DAVIES J
Date of judgment: 31 May 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Administrative Appeals Tribunal had no jurisdiction to review decision to cancel appellant's visa – application for review not accompanied by prescribed fee – where appellant entered incorrect information on application for review – where application form did not specify a fee payable – where non-payment not identified until payment period expired – where authority that compliance with payment prescriptions mandatory – appeal dismissed
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Anand v Minister for Immigration (2013) 215 FCR 562; [2013] FCA 1050 Benissa v Minister for Immigration and Border Protection [2016] FCA 76 Braganza v MIMA (2001) 109 FCR 364 Kirk v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 99
Date of hearing: 13 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: Mr L Karp
Solicitor for the Appellant: Parish Patience Bitel Immigration Lawyers
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