GKH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1125

GKH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1125

The applicants did not establish any error by the primary judge in refusing an extension of time under s 477(2). The primary judge gave the second applicant a meaningful opportunity to present the applicants' case, considered the evidence and the merits of the proposed judicial review grounds at the required impressionistic level, and did not purport to determine the substantive merits. The additional matters raised did not disclose jurisdictional error by the Authority or any error in the primary judge's reasoning, so the s 39B application was dismissed.

Jurisdiction
Australia
Judgment Date
06 August 2020
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) in Respect of a Federal Circuit Court Decision Dismissing an Application for an Extension of Time Under S 477(2) of the Migration Act 1958 (cth) / Federal Court Application for Relief in the Nature of Certiorari
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'part 7 AA Fast Track Review' 'extension of Time' 'jurisdictional Error' 'procedural Fairness' 'refugee and Complementary Protection Claims']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'part 7 AA Fast Track Review' 'extension of Time' 'jurisdictional Error' 'procedural Fairness' 'refugee and Complementary Protection Claims']

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) in Respect of a Federal Circuit Court Decision Dismissing an Application for an Extension of Time Under S 477(2) of the Migration Act 1958 (cth) / Federal Court Application for Relief in the Nature of Certiorari

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in refusing an extension of time under s 477(2) of the Migration Act 1958 (Cth).' 'Whether the Federal Circuit Court failed to give the applicants an opportunity to present their case.' 'Whether the Federal Circuit Court failed to consider the evidence in its entirety.' 'Whether any arguable jurisdictional error by the Immigration Assessment Authority was disclosed.']

Ratio Decidendi

The applicants did not establish any error by the primary judge in refusing an extension of time under s 477(2). The primary judge gave the second applicant a meaningful opportunity to present the applicants' case, considered the evidence and the merits of the proposed judicial review grounds at the required impressionistic level, and did not purport to determine the substantive merits. The additional matters raised did not disclose jurisdictional error by the Authority or any error in the primary judge's reasoning, so the s 39B application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The first and second applicants pay the first respondent's costs of the application fixed in the sum of $4,500 within eight weeks of these orders."]