BMY18 v Minister for Home Affairs

This case involved two appeals brought by the appellant, BMY18, against decisions of the Federal Circuit Court that dismissed their applications for judicial review of decisions made by the Administrative Appeals Tribunal. The primary issue before the court was whether the Federal Circuit Court had erred in its determination that it lacked jurisdiction to review the Administrative Appeals Tribunal's decisions, which found that the applications were made out of time. The crux of the matter hinged on whether the notifications sent by the Minister for Home Affairs regarding the refusal of the appellant's visa application were sufficiently clear in stating the time limits within which an application for review could be made.

The court considered the principle established in DFQ17 v Minister for Immigration and Border Protection, where it was held that a visa refusal notification must clearly state the time in which an application for review may be made. The court examined the evidence presented, including the notification letters sent either by prepaid post or email, and a brochure tendered by the Minister which the court allowed despite objections from the appellant. The appellant contended that the evidence did not substantiate that they had been notified of the delegate's decision, whereas the court found that the evidence, which included the dated letters, decision records, and a registered post receipt, did indeed support the finding that the appellant had been notified.

Ultimately, the court held that the notifications were clear enough to inform the appellant of the time limits for making a review application, aligning with the principle from DFQ17. Consequently, the court dismissed the appeals, denying the appellant's request for leave to appeal out of time and to rely on new grounds. The appellant was also ordered to pay the Minister's costs of the appeal.