Assaad v Minister for Immigration & Border Protection

Assaad was the applicant in proceedings before the Federal Court of Australia, seeking judicial review of a decision made by the Migration Review Tribunal (MRT). The MRT had affirmed a decision made by a delegate of the Minister for Immigration and Border Protection to refuse Mr Assaad a visa. Mr Assaad contended that the MRT's decision was affected by jurisdictional error.

The central legal issues before the Federal Court were whether the MRT had the power to extend the time for lodging an application for review of a delegate's decision, and whether negligent advice provided by a migration agent could establish jurisdictional error on the part of the MRT.

Justice Emmett found that the MRT did not have the power to extend the time for lodging an application for review in the circumstances of this case. His Honour reasoned that the Migration Act 1958 (Cth) and associated regulations did not confer such a power. Furthermore, the Court held that negligent advice from a migration agent, while potentially unfortunate for the applicant, did not constitute jurisdictional error on the part of the MRT. The MRT was bound by the legislative framework governing its powers and functions, and the applicant's reliance on faulty advice did not alter the nature of the MRT's decision-making process or its jurisdiction.

The application for judicial review was dismissed.