This is a special edition of Talking Migration Law  with Australian immigration lawyers Sergio Stagliorio (MARN 1461003) and Mark Northam (MARN 1175508) on the recent Federal Court decision in Le v Minister for Immigration and Border Protection [2019] FCA 427, where it was held that an AAT application was valid despite the fact that the AAT application form recited the wrong person as the review applicant.

In theory, that means that RMAs could potentially invite the AAT to vacate previous “no jurisdiction / invalid application” decisions made on the basis that the “wrong” person had been recited as the review applicant, so long as the circumstances of those previous decisions are sufficiently and relevantly similar to those in Le.

If the attempt to have an AAT decision vacated fails, it might be possible to bring an application to the Federal Circuit Court (FCCA) for an extension of time within which to apply for judicial review of that decision in the hope that the FCCA will, as in Le, find that the application was made by the right person and remit the matter to the AAT for reconsideration. Of course, however, Le could be challenged and overturned.

Following Sergio’s summary of Le on Migration Law Updates, Sergio and I have already received a few queries from RMAs who dealt with similar AAT matters in the past and who we might represent soon based on Le.

If you dealt with similar “no jurisdiction / invalid application” AAT decisions at any point time in the past, we are keen to discuss your matter with you and help you at the AAT and/or the FCCA.

Feel free to contact us at mark@nlaw.com.au and/or sergio@nlaw.com.au