FXF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 549

FXF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 549

The short delay in filing the application for leave to appeal justified an extension of time, particularly because the applicants were self-represented, there was no relevant prejudice to the Minister and the Minister did not oppose the extension. Leave to appeal was refused because the applicants did not show that the primary judge's refusal to recuse herself was attended with sufficient doubt: the asserted matters, including religious faith, gender, alleged interpretation issues, time limits, courtroom attire and generalised complaints, did not provide a logical basis for a fair-minded observer to apprehend that the primary judge might not decide impartially. Leave was also refused in...

Jurisdiction
Australia
Judgment Date
24 May 2024
Procedural Posture
Migration; Application for Leave to Appeal and Associated Extension of Time From Interlocutory Orders / Federal Court Determination of Application for Extension of Time and Leave to Appeal Interlocutory Orders of the Federal Circuit and Family Court (division 2) of Australia
Outcome
Extension of time granted; application for leave to appeal dismissed; first applicant ordered to pay the first respondent's costs as taxed or agreed.
Legal Topics
['protection Visas' 'judicial Review' 'leave to Appeal From Interlocutory Orders' 'extension of Time' 'apprehended Bias and Recusal' 'application to Reopen Case' 'procedural Fairness']
['migration' 'administrative Law' 'civil Procedure'] ['protection Visas' 'judicial Review' 'leave to Appeal From Interlocutory Orders' 'extension of Time' 'apprehended Bias and Recusal' 'application to Reopen Case' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration; Application for Leave to Appeal and Associated Extension of Time From Interlocutory Orders / Federal Court Determination of Application for Extension of Time and Leave to Appeal Interlocutory Orders of the Federal Circuit and Family Court (division 2) of Australia

Legal Issues

  1. 1 ['Whether time should be extended for the applicants to file an application for leave to appeal the interlocutory orders made on 18 August 2023.' "Whether leave to appeal should be granted because the primary judge's refusal to recuse herself was attended with sufficient doubt and potential for substantial injustice." "Whether leave to appeal should be granted because the primary judge's refusal to allow the applicants to reopen their case after judgment had been reserved was attended with sufficient doubt and potential for substantial injustice."]

Ratio Decidendi

The short delay in filing the application for leave to appeal justified an extension of time, particularly because the applicants were self-represented, there was no relevant prejudice to the Minister and the Minister did not oppose the extension. Leave to appeal was refused because the applicants did not show that the primary judge's refusal to recuse herself was attended with sufficient doubt: the asserted matters, including religious faith, gender, alleged interpretation issues, time limits, courtroom attire and generalised complaints, did not provide a logical basis for a fair-minded observer to apprehend that the primary judge might not decide impartially. Leave was also refused in...

Court Disposition

Extension of time granted; application for leave to appeal dismissed; first applicant ordered to pay the first respondent's costs as taxed or agreed.

Orders

  • ['The time by which the applicants have to file an application for leave to appeal the interlocutory orders made by Judge Given of the Federal Circuit and Family Court (Division 2) of Australia on 18 August 2023, be extended to 12 September 2023.' 'The application for leave to appeal be dismissed.' "The first...