Federal Court of Australia
Federal Court of Australia
Virapornsawun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1699 Review of: Application for judicial review of Administrative Appeals Tribunal decision delivered on 24 August 2020 by Senior Member Tavoularis
File number: NSD 1091 of 2020
Judgment of: JAGOT J
Date of judgment: 27 November 2020
Catchwords: MIGRATION – application for judicial review – where application to Administrative Appeals Tribunal filed out of time – where time period is absolute – application dismissed
Legislation: Administrative Appeal Tribunal Act 1975 (Cth) ss 29(7), 29(8), 29(9), 29(10) and 42A(4) Migration Act 1958 (Cth) ss 500(1)(ba), 500(6B), 501(3A) and 501CA(4) Migration Regulations 1994 (Cth) regs 2.55(3)(c) and 2.55 (7)
Cases cited: Beni v Minister for Immigration and Border Protection [2018] FCAFC 228; (2018) 267 FCR 15 Brown v Minister for Immigration and Border Protection [2018] FCA 1643
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 13
Date of hearing: 24 November 2020
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the First Respondent: M Palfrey of HWL Ebsworth Lawyers
Counsel for the Second Respondent: The Second Respondent filed a submitting notice
ORDERS NSD 1091 of 2020
BETWEEN: MAROOT VIRAPORNSAWUN Applicant
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