Miller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 489

Federal Court of Australia

Miller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 489 Appeal from: Application for judicial review from: Miller and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 1623 (8 June 2021)

File number: NSD 713 of 2021

Judgment of: DERRINGTON J

Date of judgment: 4 May 2022

Catchwords: MIGRATION – application for review of Tribunal's decision – application not made in compliance with s 29(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – application failed to attach a statement of reasons identifying why the Minister's decision was erroneous – whether failure to include statement invalidated application

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) Taxation Administration Act 1953 (Cth) Administrative Appeals Tribunals Tribunal Regulation 2015 (Cth)

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Beiruti v Commissioner of Taxation (2013) 138 ALD 380 Certain Lloyds Underwriters v Cross (2012) 248 CLR 378 Federal Commissioner of Taxation v Consolidated Media Holdings Pty Ltd (2012) 250 CLR 503 Luck v the Secretary, Department of Human Services (No. 4) [2016] FCA 950 Minister for Home Affairs v Brown (2020) 376 ALR 133 Minister for Immigration and Citizenship v Chan (2008) 172 FCR 193 Montreal Street Railway Co v Normandin [1917] AC 170 Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Regional Express Holdings Ltd v Australian Federation of Air Pilots (2017) 262 CLR 456