CKA15 v Minister for Immigration and Border Protection [2018] FCA 839

CKA15 v Minister for Immigration and Border Protection [2018] FCA 839

The applicants did not justify an extension of time because the 30 day delay was significant in the circumstances and inadequately explained, and the proposed appeal had no merit. Flick J correctly concluded that the Tribunal was entitled under its inquisitorial powers to obtain relevant evidence from the wife-applicant and daughter, that no procedural unfairness or unreasonableness was shown, and that the Federal Circuit Court made no jurisdictional error in refusing to extend time for judicial review.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Migration Application for Extension of Time to Appeal / Application for Extension of Time to Appeal From the Decision of Flick J Dismissing an Application for Relief Under S 39 B of the Judiciary Act 1903 (cth)
Outcome
The application for an extension of time to appeal from the decision of Flick J was dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'protection Visas' 'procedural Fairness' 'administrative Appeals Tribunal Inquisitorial Function' 'jurisdictional Error' 'judiciary Act 1903 (cth) S 39 B' 'migration Act 1958 (cth) Ss 424, 427 and 477(2)']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time to Appeal' 'protection Visas' 'procedural Fairness' 'administrative Appeals Tribunal Inquisitorial Function' 'jurisdictional Error' 'judiciary Act 1903 (cth) S 39 B' 'migration Act 1958 (cth) Ss 424, 427 and 477(2)']

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Procedural Posture

Migration Application for Extension of Time to Appeal / Application for Extension of Time to Appeal From the Decision of Flick J Dismissing an Application for Relief Under S 39 B of the Judiciary Act 1903 (cth)

Legal Issues

  1. 1 ["Whether the applicants should be granted an extension of time to appeal from Flick J's decision." "Whether the proposed appeal had sufficient merit, including whether Flick J erred in finding no jurisdictional error in the Federal Circuit Court's refusal to extend time." "Whether the Tribunal acted unreasonably or denied procedural fairness by taking oral evidence from the wife-applicant and the applicants' Australian-resident daughter notwithstanding the applicants' response to the hearing invitation."]

Ratio Decidendi

The applicants did not justify an extension of time because the 30 day delay was significant in the circumstances and inadequately explained, and the proposed appeal had no merit. Flick J correctly concluded that the Tribunal was entitled under its inquisitorial powers to obtain relevant evidence from the wife-applicant and daughter, that no procedural unfairness or unreasonableness was shown, and that the Federal Circuit Court made no jurisdictional error in refusing to extend time for judicial review.

Court Disposition

The application for an extension of time to appeal from the decision of Flick J was dismissed with costs.

Orders

  • ['The application for an extension of time to appeal from the decision of Flick J be dismissed.' "The Applicants pay the Respondents' costs of the appeal to be taxed or agreed."]