Christopher Levingston Blog

Beni v Minister for Immigration and Anor [2018] FCCA 756

On 18 December 2018 the Full Federal Court in the case of Beni found that the decision in Brown No2 was incorrectly decided and that there was no provision for an extension of time in the filing of applications at the AAT in migration matters generally from a first instance decision of DOHA. 

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2018/228.html?context=1;query=beni;mask_path=

The full court found as follows:

 The Tribunal, as held by the Federal Circuit Court, was correct to conclude that ss 29(7), 29(8), 29(9) and 29(10) of the AAT Act did not apply to the proceeding which was before it by virtue of s 24Z of the AAT Act. No part of s 25 of the AAT Act or other sections had the effect of applying s 29 to such proceedings. It also follows from this reasoning, with great respect, that we are firmly of the view in the meaning discussed in SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2; (2006) 150 FCR 214 (at [190]-[191] by Allsop J as the Chief Justice then was) that Brown No 2 was wrongly decided and should not be followed.