AXX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 758

AXX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 758

The application for an extension of time was dismissed because, although the delay was only 9 days and there was no asserted prejudice to the Minister, the proposed appeal ground had insufficient prospects. Read as a whole, the Immigration Assessment Authority did not have a real doubt about its finding that the applicant was not personally identified and his presence at Martyrs Day events was not noted by Sri Lankan authorities, so it was not required to apply the Rajalingam 'what if I am wrong?' test. In any event, the Authority found that attendance at such events would not cause the authorities to target the applicant for harm, so any alleged error was not material.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Application for an Extension of Time to Appeal From a Decision of the Federal Circuit Court of Australia / Application for Extension of Time Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'protection Visa' 'immigration Assessment Authority' 'fast Track Reviewable Decision' 'what If I Am Wrong Test' 'materiality']
['administrative Law' 'migration Law' 'practice and Procedure'] ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'protection Visa' 'immigration Assessment Authority' 'fast Track Reviewable Decision' 'what If I Am Wrong Test' 'materiality']

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Procedural Posture

Application for an Extension of Time to Appeal From a Decision of the Federal Circuit Court of Australia / Application for Extension of Time Dismissed

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to appeal from the Federal Circuit Court of Australia decision.' 'Whether leave should be granted to advance a proposed appeal ground not raised before the Federal Circuit Court of Australia.' 'Whether the Immigration Assessment Authority made jurisdictional error by failing to apply the test in Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719.' 'Whether any alleged error was material to the outcome.']

Ratio Decidendi

The application for an extension of time was dismissed because, although the delay was only 9 days and there was no asserted prejudice to the Minister, the proposed appeal ground had insufficient prospects. Read as a whole, the Immigration Assessment Authority did not have a real doubt about its finding that the applicant was not personally identified and his presence at Martyrs Day events was not noted by Sri Lankan authorities, so it was not required to apply the Rajalingam 'what if I am wrong?' test. In any event, the Authority found that attendance at such events would not cause the authorities to target the applicant for harm, so any alleged error was not material.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time filed on 28 June 2019 be dismissed.' "The applicant pay the first respondent's costs."]