CGC17 v Minister for Immigration

The applicant, CGC17, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which found it lacked jurisdiction to review the Minister's delegate's refusal to grant a Protection visa. The AAT's determination was based on the applicant's application to the Tribunal being made seven days after the prescribed time limit.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by finding that the applicant was taken to have been notified of the refusal decision in accordance with section 494C of the *Migration Act 1958* (Cth), thereby concluding it had no jurisdiction to consider the merits of the visa refusal.

Judge Dowdy reasoned that the AAT's finding regarding notification under section 494C was a factual determination open to it, and no jurisdictional error was identified in that process. The Court applied the principles of judicial review, focusing on whether the AAT had made an error of law in its jurisdictional assessment. As no such error was found, the application for judicial review was dismissed.