Gurung v Minister for Immigration

In *Gurung v Minister for Immigration*, the applicant sought judicial review of a decision by the Migration Review Tribunal (MRT) that it lacked jurisdiction to consider his application for review. The MRT's decision was based on the applicant's failure to lodge his review application within the prescribed time limit. The applicant contended that the MRT had committed a jurisdictional error in reaching this conclusion.

The primary legal issue before the Court was whether the MRT had erred in law by finding it lacked jurisdiction. This involved determining whether the applicant had established a sufficient basis to excuse the late lodgement of his application, thereby allowing the MRT to exercise its jurisdiction. A secondary issue concerned the applicant's request for an adjournment of the judicial review proceedings, which was made via an unsigned letter purportedly from a migration agent and lacked supporting medical evidence for a claimed illness.

Justice Driver found no arguable case of jurisdictional error on the part of the MRT. The Court noted that the applicant had not provided any evidence to support his claim of illness or any other circumstances that would have justified the late lodgement of his application. Consequently, the MRT was correct in its determination that it lacked jurisdiction. The Court also dismissed the request for an adjournment, citing the lack of proper form and supporting evidence. The application for judicial review was dismissed.