Sung v Minister for Immigration

Sung (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which found it lacked jurisdiction to consider his application for review. The dispute arose from the AAT's determination that the lodgement fee for Sung's application had not been paid within the prescribed time.

The primary legal issue before the Federal Court was whether the AAT had made a jurisdictional error by concluding it lacked jurisdiction due to the late payment of the lodgement fee. Sung contended that the AAT's finding constituted a jurisdictional error, thereby entitling him to judicial review.

Justice Driver reasoned that the AAT's power to hear and determine an application for review is contingent upon the lodgement fee being paid within the time prescribed by the relevant legislation. The AAT's finding that this condition precedent had not been met meant that it correctly concluded it lacked jurisdiction. Therefore, the AAT's decision was not a jurisdictional error, but rather a correct application of the statutory requirements governing its jurisdiction. The application for judicial review was dismissed.