Federal Court of Australia
Federal Court of Australia
Hanna v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 604 Appeal from: Hanna v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 151 (9 March 2022)
File numbers: NSD 215 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 13 June 2023
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia – where Administrative Appeals Tribunal formed view it had no jurisdiction to review refusal of medical treatment visa – where application for review not accompanied by a prescribed fee in the prescribed period – whether there is any prescribed fee which must accompany the application for review where a request for fee reduction was pending – whether primary judge erred in concluding that the Tribunal had no jurisdiction – Held: appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 347, 348 Migration Regulations 1994 (Cth) regs 4.10, 4.13, 4.14, 4.13A, 4.13B
Cases cited: Braganza v Minister for Immigration [2001] FCA 318; 109 FCR 364 Brayson Motors Pty Ltd (in liq) v Federal Commissioner of Taxation [1985] HCA 20; 156 CLR 651 BXS20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 20 Fairy v Minister for Immigration [2018] FCA 729 Grey v Minister for Immigration [2018] FCCA 1564 Jahangir v Minister for Immigration and Border Protection [2019] FCA 245 Kirk v Minister for Immigration and Multicultural Affairs [1998] FCA 1174; 87 FCR 99 Master Education Services Pty Ltd v Ketchell [2008] HCA 38; 236 CLR 101 Message v Minister for Home Affairs [2018] FCCA 2132 Minister for Immigration and Border Protection v Kim [2014] FCAFC 47; 221 FCR 523 Patel v Minister for Immigration and Citizenship [2012] FCA 145 SZOFE v Minister for Immigration and Citizenship [2010] FCAFC 79; 185 FCR 129 Tabet v Minister for Immigration and Multicultural Affairs [1997] FCA 547; 75 FCR 446 Herzfeld P and Prince T, Interpretation (2nd ed, Lawbook Co, 2020)
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