ACA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1213

ACA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1213

Although the applicant gave some explanation for a comparatively short delay and the Minister identified no specific prejudice, the proposed appeal lacked sufficient prospects of success. The Practice Direction was within the President's power under s 473FB, any alleged failure to respond to or waive the five page submission limit did not constitute a denial of procedural fairness in the fast track review scheme, the applicant had not in substance requested permission to file longer legal submissions, and no practical injustice was shown.

Jurisdiction
Australia
Judgment Date
07 October 2021
Procedural Posture
Migration Application for Extension of Time to File a Notice of Appeal / Application Under R 36.05 of the Federal Court Rules 2011 (cth) From Dismissal of Judicial Review by the Federal Circuit Court
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'protection Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'procedural Fairness' 'practice Directions' 'fast Track Review']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'protection Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'procedural Fairness' 'practice Directions' 'fast Track Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Application for Extension of Time to File a Notice of Appeal / Application Under R 36.05 of the Federal Court Rules 2011 (cth) From Dismissal of Judicial Review by the Federal Circuit Court

Legal Issues

  1. 1 ['Whether time should be extended under r 36.05 of the Federal Court Rules 2011 (Cth) to file a notice of appeal from the Federal Circuit Court orders.' 'Whether the President of the Immigration Assessment Authority had power under s 473FB of the Migration Act 1958 (Cth) to issue a Practice Direction limiting written submissions to five pages.' 'Whether the Authority denied the applicant procedural fairness by failing to accede to or respond to a request concerning submissions exceeding the five page limit.' 'Whether the proposed appeal had sufficient prospects of success to justify an extension of time.']

Ratio Decidendi

Although the applicant gave some explanation for a comparatively short delay and the Minister identified no specific prejudice, the proposed appeal lacked sufficient prospects of success. The Practice Direction was within the President's power under s 473FB, any alleged failure to respond to or waive the five page submission limit did not constitute a denial of procedural fairness in the fast track review scheme, the applicant had not in substance requested permission to file longer legal submissions, and no practical injustice was shown.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application filed on 31 December 2019 be dismissed.' "The applicant pay the first respondent's costs as agreed or taxed."]