The recent decision in the case of Brown V Minister for Home Affairs being an appeal from a decision at the FCC is of interest to the profession.
The relevant citation for the Appeal decision is Brown V Minister for Home Affairs [2018] FCA 1643.
The hyperlink to the reported decision is here: ( http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2018/1643.html?context=1;query=Brown%20V%20Minister%20for%20Home%20Affairs%20;mask_path= )
The ratio decidendi of the case can be found at paragraph 61 of that decision:
His Honour Green Wood J said: " There is no good reason to believe that these general provisions conferring a power on the AAT to extend time do not apply in relation to applications susceptible of review under section 347(10(b)(i) of the Migration Act in respect of a Part 5-reviewable decision".
That being the case how can you apply this principle to your clients and their cases?
Scenario 1 Your client has just been refused jurisidiction by the AAT less than 35 days ago
because they are out of time
Scenario 2. Your client is already at the FCC on a no jurisidiction point.
Scenario 3. Your client is still onshore and more than 35 days ago the AAT determined their
case as being out of time
I am happy to give any RMA or their client specific advice about their legal options for FREE all you need to do is to send me an email: This email address is being protected from spambots. You need JavaScript enabled to view it. .
Any question, any time!