CVRZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 126

Federal Court of Australia

CVRZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 126 Review of: CVRZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Administrative Appeals Tribunal, No. 2020/3266, 17 August 2020)

File number: WAD 216 of 2020

Judgment of: REEVES J

Date of judgment: 24 February 2021

Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – where the Tribunal made a decision to refuse to revoke the cancellation of the applicant's visa – where the decision was made under s 500(6L) of the Migration Act 1958 (Cth) (the Act) – whether the Tribunal made a jurisdictional error by making a decision outside of the time limit set out in s 500(6L) of the Act – whether the Tribunal made a jurisdictional error by misunderstanding the word "days" under s 500(6L) of the Act as meaning "business days" and consequentially misapprehending the scope of its jurisdiction – appeal dismissed

Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth) Migration Regulations 1994 (Cth)

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 12

Date of hearing: 18 February 2021

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the First Respondent: Mr M Hawker of Sparke Helmore

Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice