The Federal Court of Australia ruled that the Minister lacks the power to intervene under section 351 if a review application to the AAT was filed out of time. The court determined that because the Tribunal lacked jurisdiction due to the delay, there was no valid decision to trigger the Minister's discretionary intervention powers.
Kozak v Minister for Immigration: Limits on Ministerial Intervention for Out-of-Time Appeals
Original source: https://crystalpress.com.au/kozak-v-minister-for-immigration ↗
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