Sending bundle of documents = valid AAT application?

By
Sergio Zanotti Stagliorio
-

Federal Court. Is the validity of an application to the Tribunal under s 500 of the Migration Act 1958 (Cth) a jurisdictional fact? By finding that the review application was out of time, did the Tribunal implicitly found that that application was invalid? Did the mere sending of a bundle of documents to the Tribunal constitute a valid Tribunal application?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: Is the validity of an application to the Tribunal under s 500 of the Migration Act 1958 (Cth) a jurisdictional fact?

Question 2: By finding that the review application was out of time, did the Tribunal implicitly found that that application was invalid?

Question 3: Did the sending of a bundle of documents to the Tribunal, without the required application form and without a separate statement of reasons for the application, constitute a valid Tribunal application?

The FCA answered those questions as follows:

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