AVC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1752

AVC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1752

There was no error of principle in the primary judge’s decision not to reinstate proceedings dismissed for non-appearance; the proposed grounds did not disclose an arguable case of jurisdictional error; and compassionate considerations were not relevant to the exercise of the discretion in the absence of an arguable case.

Parties
Applicant: AVC19; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
09 December 2020
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal From Interlocutory Decision
Outcome
Application dismissed
Legal Topics
Leave to Appeal, Extension of Time, Jurisdictional Error, Discretionary Powers, Judicial Review, Reinstatement of Proceedings
Migration Law Administrative Law Practice and Procedure Leave to Appeal Extension of Time Jurisdictional Error Discretionary Powers Judicial Review +1 more

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Parties

AVC19

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal From Interlocutory Decision

Legal Issues

  1. 1 Whether there was error of principle in refusing reinstatement on compassionate grounds
  2. 2 Whether applicant demonstrated an arguable case of jurisdictional error
  3. 3 Whether the Federal Circuit Court erred in exercising its discretion not to reinstate proceedings

Ratio Decidendi

There was no error of principle in the primary judge’s decision not to reinstate proceedings dismissed for non-appearance; the proposed grounds did not disclose an arguable case of jurisdictional error; and compassionate considerations were not relevant to the exercise of the discretion in the absence of an arguable case.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs of the proceeding.