The Court affirmed on de novo review that the Registrar correctly gave summary judgment dismissing a judicial review application where the applicant's review application to the Tribunal was lodged 106 days out of time. The Court confirmed that the deemed notification provision in s 494C(5) of the Migration Act operates regardless of whether the applicant had actual knowledge of the decision, and that neither the Tribunal nor the Court has power to extend the 28-day time limit prescribed by s 412(1)(b) and reg 4.31(2), following Beni v Minister for Immigration & Border Protection (2018) 267 FCR 15. The Tribunal discharged its common law procedural fairness obligations by inviting the applicant to comment on the validity of his out-of-time application before dismissing it.
The full text is available to signed-in members.