On 4 May 2022, the Federal Court published its judgment in the matter of Miller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs  FCA 489. The case concerned a review of decision made under s 501CA of the Migration Act 1958 in the Tribunal’s General Division. The form lodged by the applicant with the Tribunal did not include any reasons for the application and none were provided until after the time limit for applying for review had expired. The time to apply for review could not be extended for that type of decision. The Court held that the Tribunal had no jurisdiction to hear and determine the application.
Applicants and representatives are reminded to ensure that a statement of reasons is provided to the Tribunal within the time limit for applying for review for applications lodged in all divisions (except the Migration & Refugee Division).
Applications for a review of a character-related visa decision made under s 501 or 501CA of the Migration Act 1958, which are reviewed in the General Division, should be made using the following forms and applicants should ensure that the ‘Reasons for the application’ section is completed:
- Online General Division application – Apply Online – AAT Online Services; or
- Application for review of decision (individual)