Australian Immigration Daily News

As noted on my post on this blog on 19 November, there was a crucially important decision by Justice Greenwood of the Federal Court in Queensland in the case of Brown v Minister for Home Affairs (No. 2) where it was held that the AAT does in fact have power to extend the deadline for the filing of applications for merits review.

This decision literally shattered commonly held assumptions and wisdom that it was "settled law" that the filing deadling is absolutely rigid and inflexible and cannot be extended for any reason whatsoever.

The Brown  decsion is more than of  "casual"  or "passing"  interest - it is potentially of great significance to anyone who has had an applicaiton for review dismissed on the basis that it was filed past the filing deadline.

And just today on Austlii, a decision appeared where the decision in Brown  was followed and applied!

That case is a decision of Judge Kelly of the Federal Circuit Court in Melbourne, known as Singh v Minister for Immigration and Anor (2018) FCCA 3427 (27 November 2018).

I will be posting a further note about this case which will provide full details about the case.

The recent decisions that have come down in Brown and in Singh provide a reminder that it is important for all RMAs, lawyers and non-lawyers alike, to stay informed about developments coming out of the courts - these decisions can dramatically affect the day-to-day practice of all RMAs, and they can provide lifelines which can enable you to salvage a client's position that may have appeared "hopeless".

Stay tuned!

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