Full Court Minute Books

Case S120/2023

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’Sullican JJ)

[2022] FCAFC 183


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.


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 (Respondent)

22/12/2023 Reply

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