Applicant A201 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 752

Applicant A201 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 752

The extension of time was refused because, even assuming the applicant had some explanation for the delay, there was no material showing any prospect that she could establish jurisdictional error. The material did not indicate that she was denied an invitation or notice to attend the Tribunal hearing, and the Tribunal's reasons recorded that she had been invited to give evidence and had not availed herself of that opportunity.

Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Application by Notice of Motion for an Extension of Time to File Proceedings Seeking Prerogative Relief in Respect of a Refugee Review Tribunal Decision / Proceedings Instituted in the High Court and Remitted to the Federal Court; Application for Extension of Time Determined
Outcome
Application by notice of motion for extension of time refused; application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'jurisdictional Error' 'natural Justice' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'jurisdictional Error' 'natural Justice' 'procedural Fairness']

Case Brief

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Procedural Posture

Application by Notice of Motion for an Extension of Time to File Proceedings Seeking Prerogative Relief in Respect of a Refugee Review Tribunal Decision / Proceedings Instituted in the High Court and Remitted to the Federal Court; Application for Extension of Time Determined

Legal Issues

  1. 1 ["Whether an extension of time should be granted for proceedings seeking relief in the nature of certiorari and other prerogative writs against the Tribunal's decision." 'Whether the applicant had any prospect of establishing jurisdictional error based on an alleged breach of natural justice or procedural fairness.' 'Whether the applicant was invited and given notice to appear before the Tribunal as required by the Migration Act 1958 (Cth).']

Ratio Decidendi

The extension of time was refused because, even assuming the applicant had some explanation for the delay, there was no material showing any prospect that she could establish jurisdictional error. The material did not indicate that she was denied an invitation or notice to attend the Tribunal hearing, and the Tribunal's reasons recorded that she had been invited to give evidence and had not availed herself of that opportunity.

Court Disposition

Application by notice of motion for extension of time refused; application dismissed.

Orders

  • ['Application by notice of motion for an extension of time is refused.' 'Application is dismissed.' "Applicant to pay the first respondent's costs fixed at $1250, including disbursements."]