Federal Court of Australia
Federal Court of Australia
CHVS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 34 Appeal from: Administrative Appeals Tribunal decision delivered on 31 May 2018 by Senior Member D. J. Morris
File number(s): SAD 45 of 2021
Judgment of: KERR J
Date of judgment: 1 February 2022
Catchwords: MIGRATION – application for an extension of time to appeal decision of the Administrative Appeals Tribunal (Tribunal) dismissing the Applicant's application for want of jurisdiction – Tribunal without jurisdiction because notification earlier given pursuant to s 501CA(3)(b) of the Migration Act 1958 (Cth) invalid – application dismissed PRACTICE AND PROCEDURE – whether declaration appropriate – declaration made to quell the controversy in the proceeding and to avoid any multiplicity of proceedings by making clear the basis of Court's findings regarding the Tribunal's want of jurisdiction
Legislation: Federal Court Act 1976 (Cth) ss 21, 22 Migration Act 1958 (Cth) ss 476A(1), 500, 500(1)(ba), 500(4A), 501(3A), 501(6)(a), 501(7)(c), 501CA, 501CA(3)(b), 501CA(4) Migration Regulations 1994 (Cth) reg 2.52(2)(b) Pearce D, Administrative Appeals Tribunal (5th ed, LexisNexis, 2020)
Cases cited: Collector of Customs v Brian Lawlor Automotive Pty Ltd [1979] FCA 21; (1979) 24 ALR 307 EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173 Gates v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 139 Liversidge v Anderson [1942] AC 206 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 PYDZ v Minister for Immigration, Migrant Services and Multicultural Affairs [2021] FCA 1050 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174 Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 Yilmaz v Minister for Immigration and Multicultural Affairs [2000] FCA 906; 100 FCR 495
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