AWB16 v Minister for Immigration and Border Protection [2019] FCA 1474

AWB16 v Minister for Immigration and Border Protection [2019] FCA 1474

Although the delay was short and the Minister conceded no prejudice, the applicants' explanation was formulaic and unsatisfactory, and the proposed appeal grounds did not disclose a reasonably arguable error by the primary judge or any jurisdictional error by the Tribunal. The s 438 materials did not reveal appealable error. The closed affidavit was to be suppressed because publication would reveal confidential methods used to detect fraudulent or counterfeit identity documents and would prejudice the proper administration of justice.

Jurisdiction
Australia
Judgment Date
09 September 2017
Procedural Posture
Application for Extension of Time to Appeal and Application for Suppression or Non Publication Order / Federal Court Application Following Dismissal of Judicial Review Application by the Federal Circuit Court
Outcome
Application dismissed; suppression order made; applicants ordered to pay the first respondent's costs.
Legal Topics
['extension of Time to Appeal' 'protection Visas' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness Under S 438 of the Migration Act 1958 (cth)' 'suppression and Non Publication Orders' 'public Interest Immunity']
['migration Law' 'administrative Law' 'practice and Procedure'] ['extension of Time to Appeal' 'protection Visas' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness Under S 438 of the Migration Act 1958 (cth)' 'suppression and Non Publication Orders' 'public Interest Immunity']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal and Application for Suppression or Non Publication Order / Federal Court Application Following Dismissal of Judicial Review Application by the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to appeal from the Federal Circuit Court decision.' 'Whether the proposed grounds of appeal had sufficient merit to justify an extension of time.' 'Whether the explanation for the delay in filing the appeal was satisfactory.' 'Whether non-disclosure of a certificate purportedly issued under s 438(1) of the Migration Act 1958 (Cth) revealed appealable error.' 'Whether the closed affidavit of Michael John Minns should be suppressed or not published.']

Ratio Decidendi

Although the delay was short and the Minister conceded no prejudice, the applicants' explanation was formulaic and unsatisfactory, and the proposed appeal grounds did not disclose a reasonably arguable error by the primary judge or any jurisdictional error by the Tribunal. The s 438 materials did not reveal appealable error. The closed affidavit was to be suppressed because publication would reveal confidential methods used to detect fraudulent or counterfeit identity documents and would prejudice the proper administration of justice.

Court Disposition

Application dismissed; suppression order made; applicants ordered to pay the first respondent's costs.

Orders

  • ['Pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) and until further order, the "closed" affidavit of Michael John Minns affirmed 25 January 2018, consisting of 32 paragraphs and a number of unredacted documents not be published on the ground that the order is necessary to prevent prejudice to the...