Md Abdullah Al Mamun v Minister for Immigration and Citizenship

In the case of Md Abdullah Al Mamun v Minister for Immigration and Citizenship, the applicant, a citizen of Bangladesh, sought judicial review of a decision by the Migration Review Tribunal which affirmed a decision by the Minister for Immigration and Citizenship to refuse a visa application. The Tribunal had found that the applicant did not satisfy the requirements for the visa because he had failed to make the application within 28 days of the expiration of his last substantive visa, as required by cl 572.211(3)(c)(i) of Schedule 2 to the Migration Regulations 1994. The applicant’s application for judicial review was dismissed by Federal Magistrate Lloyd-Jones on the basis that it was not made within the time limit prescribed by s 477 of the Migration Act 1958 (Cth) and because the Tribunal’s decision did not reveal any jurisdictional error.

The legal issues before the court were whether the application for judicial review was made within the prescribed time limit and whether the Tribunal’s decision contained any jurisdictional error. The applicant argued that the delay in filing the application was due to his lack of understanding of the Australian legal system and his lack of resources to seek legal advice. The Minister for Immigration and Citizenship argued that the application was clearly outside the time limit prescribed by s 477 of the Act and that there was no jurisdictional error in the Tribunal’s decision. The court found that the application was indeed outside the time limit and that there was no jurisdictional error in the Tribunal’s decision. The court noted that the applicant had not taken any action to renew his visa or to discuss his situation with the Department or the educational institution until he was detected by the authorities and placed in detention.

The court held that the application for judicial review was incompetent because it was not made within the time limit prescribed by s 477 of the Act. The court noted that the Tribunal decision was made on 29 August 2006 and the applicant was notified of that decision on the same day. The application to the Federal Magistrates Court was made on 21 December 2006, which was outside the 84 day period within which the Court may extend the time pursuant to s.477(2) of the Act. The court also found that the Tribunal’s decision did not reveal any jurisdictional error. The court noted that the Tribunal member had clearly stated that the applicant had taken no action to renew his visa or to discuss his situation with the Department or the educational institution until he was detected by the authorities and placed in detention. The court held that the applicant had no prospect of success in respect to a challenge to the Tribunal decision.

The orders of the court were that the application for leave to appeal be dismissed, the Notice of Appeal filed on 27 March 2007 be dismissed, and the applicant pay the costs of the first respondent in the sum of $750.00.