BDA16 v Minister for Home Affairs [2019] FCA 874

BDA16 v Minister for Home Affairs [2019] FCA 874

The Federal Circuit Court did not err nor fail to give genuine and realistic consideration to the applicants' claimed reason for delay based on Ministerial inaction. The decision to refuse an extension of time under s 477(2) of the Migration Act 1958 (Cth) was within its discretion, as there was no evidence that Ministerial conduct prevented the applicants from seeking review sooner, and the delay was not satisfactorily explained. Accordingly, there was no jurisdictional error warranting intervention.

Parties
First Applicant: BDA16; Second Applicant: BDB16; Third Applicant: BDC16; Fourth Applicant: BDD16; Fifth Applicant: BDJ16; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal; Third Respondent: Federal Circuit Court of Australia
Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) Against a Federal Circuit Court Decision Refusing Extension of Time
Outcome
Application dismissed
Legal Topics
Judicial Review, Extension of Time, Ministerial Intervention, Jurisdictional Error, Procedural Fairness
Migration Law Administrative Law Judicial Review Extension of Time Ministerial Intervention Jurisdictional Error Procedural Fairness

Case Brief

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Parties

BDA16

First Applicant

BDB16

Second Applicant

BDC16

Third Applicant

BDD16

Fourth Applicant

BDJ16

Fifth Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Federal Circuit Court of Australia

Third Respondent

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) Against a Federal Circuit Court Decision Refusing Extension of Time

Legal Issues

  1. 1 Whether the Federal Circuit Court erred in considering the applicants’ claim that Ministerial delay provided an acceptable reason for delay in seeking review
  2. 2 Whether the Federal Circuit Court misunderstood or failed to properly exercise its discretion under s 477(2) of the Migration Act 1958 (Cth)
  3. 3 Whether jurisdictional error was disclosed in the Federal Circuit Court proceedings

Ratio Decidendi

The Federal Circuit Court did not err nor fail to give genuine and realistic consideration to the applicants' claimed reason for delay based on Ministerial inaction. The decision to refuse an extension of time under s 477(2) of the Migration Act 1958 (Cth) was within its discretion, as there was no evidence that Ministerial conduct prevented the applicants from seeking review sooner, and the delay was not satisfactorily explained. Accordingly, there was no jurisdictional error warranting intervention.

Court Disposition

Application dismissed

Orders

  • The applicants have leave to file a further amended originating application to include a prayer for relief in the nature of a writ of mandamus.
  • The further amended application is dismissed.