BYF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2023

BYF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2023

The application for extension of time was refused because applicants failed to show any jurisdictional error, the Tribunal had provided valid notice in accordance with statutory requirements by post, and the proposed grounds of appeal had no reasonable prospects of success.

Parties
First Applicant: BYF16; Second Applicant: BYG16; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
02 December 2019
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Extension of Time
Outcome
Application for extension of time refused.
Legal Topics
Extension of Time, Judicial Review, Procedural Fairness, Service of Documents
Migration Law Administrative Law Extension of Time Judicial Review Procedural Fairness Service of Documents

Case Brief

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Parties

BYF16

First Applicant

BYG16

Second Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Extension of Time

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether valid service of tribunal decisions occurred
  3. 3 Whether Tribunal complied with statutory obligations for notice and service

Ratio Decidendi

The application for extension of time was refused because applicants failed to show any jurisdictional error, the Tribunal had provided valid notice in accordance with statutory requirements by post, and the proposed grounds of appeal had no reasonable prospects of success.

Court Disposition

Application for extension of time refused.

Orders

  • The name of the first respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
  • The application for an extension of time is refused.