Sirajuddin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 116

Federal Court of Australia

Sirajuddin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 116 Appeal from: Sirajuddin v Minister for Immigration & Anor [2020] FCCA 703

File number(s): NSD 410 of 2020

Judgment of: ABRAHAM J

Date of judgment: 22 February 2023

Catchwords: MIGRATION – judicial review – application for student visa – appeal against decision of Primary Judge to uphold decision of the Administrative Appeals Tribunal – where Tribunal found it lacked jurisdiction to review decision of Delegate of the Minister to refuse student visa – where application to Tribunal brought more than 21 days after notification of Delegate's decision – whether leave granted to rely on new appeal grounds – whether Tribunal had jurisdiction to review Delegate's decision HELD: appeal dismissed – leave to rely on new grounds not granted – Tribunal did not have jurisdiction to review Delegate's decision

Legislation: Migration Act 1958 (Cth) s 347(1)(b) Migration Regulations 1994 (Cth) reg 4.10; sch 2 cl 500.214(3)

Cases cited: Al Titi v Minister for Immigration and Border Protection [2018] FCA 239 Beni v Minister for Immigration and Border Protection [2018] FCAFC 228 Fahme v Minister for Home Affairs [2019] FCAFC 41; (2019) 268 FCR 394 Fernando v Minister for Immigration and Multicultural Affairs [2000] FCA 324; (2000) 97 FCR 407 Herath v Minister for Immigration and Border Protection [2018] FCA 1273 Monga v Minister for Immigration and Border Protection [2019] FCA 286 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 Zubair v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 248; (2004) 139 FCR