SZEBS v Minister for Immigration & Multicultural & Indigenous Affairs

The case of Szebs v Minister for Immigration & Multicultural & Indigenous Affairs involves the appellant, a citizen of the Peoples Republic of China, who sought a protection visa in Australia. His initial application for review by the Refugee Review Tribunal (RRT) was dismissed as it was filed out of time. The appellant then filed a second application for review, which the RRT also dismissed on the grounds of being functus officio or out of time. The appellant then sought review by the Federal Magistrates Court, which also dismissed the application. The primary legal issue before the court was whether the RRT was correct in determining that it lacked jurisdiction to entertain the appellant's second application for review.

The court found that the RRT was functus officio upon the making of a valid decision on the first application. This was supported by the case of Singh v Minister for Immigration and Multicultural Affairs, where Merkel J held that the RRT becomes functus officio upon a valid decision being handed down. Additionally, the court found that the RRT's decision to decline jurisdiction based on the time limit was supported by Full Court authority, as seen in Fernando v Minister for Immigration and Multicultural Affairs. The court held that sections 412 and 414 of the Migration Act clearly stipulate that the making of an application within the prescribed time is an essential preliminary to the exercise of the RRT’s jurisdiction.

The court dismissed the appeal, agreeing with the RRT’s reasoning that it was functus officio and that the second application was out of time. The court further held that there was no error in the RRT's reasoning and that it was in accordance with established legal principles. The appellant was ordered to pay the respondent's costs in the proceedings.