AKS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1215

AKS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1215

The applicant failed to provide a reasonable excuse for his non-attendance at the hearing and did not establish by probative evidence that he was unable to secure legal representation. The claim of jurisdictional error regarding the s 438 certificate was not reasonably arguable as the material covered was not in contention and could not have altered the outcome. Therefore, the application for reinstatement was dismissed.

Parties
Appellant: AKS17; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Appeal / Application for Reinstatement of Appeal After Dismissal for Non Appearance
Outcome
Application for reinstatement dismissed; costs ordered against appellant.
Legal Topics
Reinstatement of Appeal, Procedural Fairness, Jurisdictional Error, Protection Visa, Costs
Migration Law Administrative Law Reinstatement of Appeal Procedural Fairness Jurisdictional Error Protection Visa Costs

Case Brief

Summary, issues, holding and outcome

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Parties

AKS17

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Reinstatement of Appeal After Dismissal for Non Appearance

Legal Issues

  1. 1 Whether there was a reasonable excuse for appellant's non-attendance at the appeal hearing
  2. 2 Whether reinstatement of an appeal should be granted after dismissal for non-appearance
  3. 3 Whether there was jurisdictional error in the Tribunal's handling of the s 438 certificate

Ratio Decidendi

The applicant failed to provide a reasonable excuse for his non-attendance at the hearing and did not establish by probative evidence that he was unable to secure legal representation. The claim of jurisdictional error regarding the s 438 certificate was not reasonably arguable as the material covered was not in contention and could not have altered the outcome. Therefore, the application for reinstatement was dismissed.

Court Disposition

Application for reinstatement dismissed; costs ordered against appellant.

Orders

  • The application for reinstatement of the appeal be dismissed.
  • The Appellant pay the First Respondent's costs in an amount to be agreed, and if not agreed, to be taxed.