AJM18 v Federal Circuit and Family Court of Australia [2023] FCA 1625

AJM18 v Federal Circuit and Family Court of Australia [2023] FCA 1625

The application was dismissed because no jurisdictional error was established in the Federal Circuit Court’s refusal to extend time. The applicant gave written notice authorising documents to be sent to Ms Fu, the Tribunal acted in compliance with statutory provisions, and asserted procedural fairness grounds were not made out.

Parties
Applicant: AJM18; First Respondent: Federal Circuit and Family Court of Australia; Second Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Third Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
18 December 2023
Procedural Posture
Application for Judicial Review / Appellate
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Extension of Time, Procedural Fairness, Jurisdictional Error
Migration Law Administrative Law Judicial Review Extension of Time Procedural Fairness Jurisdictional Error

Case Brief

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Parties

AJM18

Applicant

Federal Circuit and Family Court of Australia

First Respondent

Minister for Immigration, Citizenship and Multicultural Affairs

Second Respondent

Administrative Appeals Tribunal

Third Respondent

Procedural Posture

Application for Judicial Review / Appellate

Legal Issues

  1. 1 Whether the Federal Circuit Court committed jurisdictional error in refusing to extend time for filing an application for judicial review of a Tribunal decision
  2. 2 Whether the applicant authorised the Tribunal to communicate with another person for documents under s 441G of the Migration Act
  3. 3 Procedural fairness in Tribunal proceedings

Ratio Decidendi

The application was dismissed because no jurisdictional error was established in the Federal Circuit Court’s refusal to extend time. The applicant gave written notice authorising documents to be sent to Ms Fu, the Tribunal acted in compliance with statutory provisions, and asserted procedural fairness grounds were not made out.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The Applicant pay the costs of the Second Respondent.