CGJ16 v Minister for Immigration and Border Protection

The matter before the court was an appeal brought by the appellant, CGJ16, against a decision of the Federal Circuit Court of Australia. The appellant sought a Protection (Class XA) Visa but did not receive the initial notification of the visa refusal decision. The appeal raised questions regarding whether there was a duty to inform the appellant that time was running out and if the Act or the Regulations permit any discretion concerning a would-be appellant being out of time.

The central legal issues before the court were whether the appellant was entitled to a duty of care in the form of notification regarding the visa refusal decision and if the Act or the Regulations allow any discretion when a would-be appellant is out of time. The court examined the relevant legislative provisions and the extent to which the Minister for Immigration and Border Protection was required to act in the circumstances presented.

The court found that there was no duty to inform the appellant that time was running out and that the Act and Regulations did not permit any discretion with respect to a would-be appellant being out of time. The court emphasised that it was the appellant's responsibility to ensure that they were aware of the visa refusal decision. Consequently, the appeal was dismissed, and costs were awarded, with the exception of costs associated with senior counsel for the hearing on 18 September 2018.