Miller v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor
Case No.
Case no S120/2023
Case Information
Lower Court Judgment
15/11/2022 Federal Court of Australia (Thawley, Halley & O’Sullivan JJ)
Catchwords
Immigration – Visas – Cancellation – Invalid applications – Application for review of decision of Administrative Appeals Tribunal (“Tribunal”) – Requirements under s 29(1) of Administrative Appeals Tribunal Act 1975 (Cth) for application for review of migration decision – Where applicant filed document in Tribunal seeking review of delegate’s decision not to revoke cancellation of his visa under s 501CA(4) of Migration Act 1958 (Cth) – Where in courts below, Minister accepted application complied with all requirements in s 29(1) of Administrative Appeals Tribunal Act other than requirement in s 29(1)(c) to “contain a statement of reasons for the application” – Where at directions hearing on 1 April 2021, Tribunal requested applicant provide by 9 April 2021 email stating reasons for application – Where on that day, applicant’s migration agent emailed reasons – Where primary judge and Full Court held that statement required by s 29(1)(c) essential to validity of application and thus Tribunal’s jurisdiction – Where Full Court held that 9 April 2021 email stating reasons sent outside nine-day period specified by s 500(6B) of Migration Act 1958 (Cth) “perfected” application out of time – Whether Full Court erred in concluding second respondent did not have jurisdiction to determine applicant’s application filed on 24 March 2021.
Documents
15/09/2023 Hearing (SLA, Canberra by video connection)
29/09/2023 Notice of appeal
03/11/2023 Written submissions (Appellant)
03/11/2023 Chronology (Appellant)
01/12/2023 Written submissions (First Respondent)
19/12/2023 Reply
14/02/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
14/02/2024 Outline of oral argument (Appellant)
14/02/2024 Outline of oral argument (First Respondent)
17/04/2024 Judgment (Judgment summary)