Kim v Minister for Home Affairs [2019] FCA 303

Kim v Minister for Home Affairs [2019] FCA 303

There is no proper basis to grant leave to appeal as no apparent viable ground of appeal was identified and the explanation for delay was wholly inadequate.

Parties
First Applicant: Hyung Wan Kim; Second Applicant: Hyun Kyung Kim; Third Applicant: Jiyong Kim; Fourth Applicant: Jihwan Kim; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Migration – Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Order of Federal Circuit Court
Outcome
Application for an extension of time and leave to appeal dismissed; costs ordered against first and second applicants
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Procedural Fairness, Judicial Review
Migration Extension of Time Leave to Appeal Jurisdiction Procedural Fairness Judicial Review

Case Brief

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Parties

Hyung Wan Kim

First Applicant

Hyun Kyung Kim

Second Applicant

Jiyong Kim

Third Applicant

Jihwan Kim

Fourth Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration – Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Order of Federal Circuit Court

Legal Issues

  1. 1 Whether the applicants should be granted an extension of time and leave to appeal
  2. 2 Whether there is any viable ground of appeal from the interlocutory decision refusing to reinstate judicial review proceedings

Ratio Decidendi

There is no proper basis to grant leave to appeal as no apparent viable ground of appeal was identified and the explanation for delay was wholly inadequate.

Court Disposition

Application for an extension of time and leave to appeal dismissed; costs ordered against first and second applicants

Orders

  • The application for an extension of time and leave to appeal be dismissed.
  • The first applicant and second applicant pay the first respondent's costs of and incidental to this application as agreed or assessed.