APP17 v Minister for Immigration and Border Protection [2019] FCA 794

APP17 v Minister for Immigration and Border Protection [2019] FCA 794

The applicants did not plead or establish any jurisdictional error in the Federal Circuit Court's refusal to extend time. Their grounds and submissions merely challenged the primary judge's reasoning and evaluative conclusions about delay, the explanation for delay, and the prospects of proposed judicial review grounds. The primary judge stated and applied the correct s 477(2) test, and any asserted error would in any event have been within jurisdiction. The application was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review of a Federal Circuit Court Decision Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth). / Federal Court Hearing of Judicial Review Application Challenging Refusal of Extension of Time to Seek Judicial Review of an Administrative Appeals Tribunal Protection Visa Decision.
Outcome
Application dismissed with costs.
Legal Topics
['jurisdictional Error' 'extension of Time' 'protection Visas' 'section 477(2) Migration Act' 'procedural Fairness' 'legal Unreasonableness' 'real Chance Test']
['migration Law' 'administrative Law' 'judicial Review'] ['jurisdictional Error' 'extension of Time' 'protection Visas' 'section 477(2) Migration Act' 'procedural Fairness' 'legal Unreasonableness' 'real Chance Test']

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review of a Federal Circuit Court Decision Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth). / Federal Court Hearing of Judicial Review Application Challenging Refusal of Extension of Time to Seek Judicial Review of an Administrative Appeals Tribunal Protection Visa Decision.

Legal Issues

  1. 1 ["Whether the Federal Circuit Court's refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) was infected by jurisdictional error." "Whether the applicants' complaints about the primary judge's assessment of delay and merits amounted to jurisdictional error rather than alleged errors within jurisdiction." "Whether the applicants could obtain remittal to the Administrative Appeals Tribunal in a s 39B judicial review application directed to the Federal Circuit Court's extension of time decision."]

Ratio Decidendi

The applicants did not plead or establish any jurisdictional error in the Federal Circuit Court's refusal to extend time. Their grounds and submissions merely challenged the primary judge's reasoning and evaluative conclusions about delay, the explanation for delay, and the prospects of proposed judicial review grounds. The primary judge stated and applied the correct s 477(2) test, and any asserted error would in any event have been within jurisdiction. The application was therefore dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicants pay the first respondent's costs of and incidental to the application as assessed or agreed."]