20/12/2018

In Brown v Minister for Home Affairs (No. 2) [2018] FCA 1787 (19 November 2018), the Federal Court decided that the AAT’s Migration and Refugee Division (MRD) had the power to extend the time limits for applying for review. The AAT decided to defer dealing with applications in the MRD that appeared to have been lodged outside the relevant time limit pending consideration of the judgment by a Full Court of the Federal Court.

On 14 December 2018, the Full Court decided in Beni v Minister for Immigration and Border Protection [2018] FCAFC 228 that Brown was wrongly decided and that the MRD does not have the power to extend the time limits. This is consistent with the previous position that extensions of time cannot be granted in the MRD. The AAT will resume dealing with applications in the MRD that appear to have been lodged outside the relevant time limit.

MRD applicants should lodge their review applications within the relevant time limits which are usually referred to in the letter from the Department containing the notice of the decision.