ALJ22 v Minister for Immigration and Multicultural Affairs

(2024) 418 ALR 152; [2024] FCA 1427

Federal Court of Australia12 December 2024

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Interrogate

Catchwords

1. Migration
2. › Review of decisions
3. › Part 7-reviewable decisions
4. › Minister's power to substitute more favourable decision
5. › Section 417 of Migration Act 1958 (Cth)
6. › Jurisdictional precondition
7. › Whether Tribunal decision on jurisdiction is a decision under s 415
1. Migration
2. › Administrative Appeals Tribunal
3. › Jurisdiction
4. › Application for review out of time
5. › Tribunal's implied power to determine own jurisdiction
1. Statutory Interpretation
2. › Composite phrases
3. › Construction of 'decision of the Tribunal under section 415'
4. › Importance of construing entire phrase rather than individual words
1. Statutory Interpretation
2. › Implied powers
3. › Tribunal's power to determine own jurisdiction
4. › Source of power distinguished from substantive review powers

Quick Take

A decision by the Administrative Appeals Tribunal that it lacks jurisdiction to review a protection visa refusal because the application for review was lodged out of time is not 'a decision of the Tribunal under section 415' of the Migration Act 1958 (Cth), and accordingly does not enliven the Minister's power under s 417 to substitute a more favourable decision.