AYF16 v Minister for Immigration and Border Protection [2018] FCAFC 129

AYF16 v Minister for Immigration and Border Protection [2018] FCAFC 129

The proposed appeal had insufficient prospects because the Full Court was not persuaded that BBS16 was plainly wrong. Under Pt 7AA, and particularly ss 473DA and 473GB, the applicant's procedural fairness entitlements concerning the invalid s 473GB certificate and related material were governed by the statutory scheme identified in BBS16; the certificate and related material were not new information requiring disclosure. The High Court appeals relied on by the applicant concerned different parts of the Act and did not justify adjournment.

Jurisdiction
Australia
Judgment Date
14 August 2018
Procedural Posture
Application for Extension of Time Within Which to Appeal and Application for Adjournment / Full Court Application From Federal Circuit Court Decision
Outcome
Application dismissed; application for extension of time rejected; application for adjournment rejected.
Legal Topics
['fast Track Reviewable Decision' 'immigration Assessment Authority' 's 473 GB Certificate' 'disclosure of Information' 'extension of Time to Appeal' 'adjournment Pending High Court Judgments' 'jurisdictional Error']
['migration' 'administrative Law' 'procedural Fairness'] ['fast Track Reviewable Decision' 'immigration Assessment Authority' 's 473 GB Certificate' 'disclosure of Information' 'extension of Time to Appeal' 'adjournment Pending High Court Judgments' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time Within Which to Appeal and Application for Adjournment / Full Court Application From Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether an extension of time should be granted where the proposed appeal alleged jurisdictional error arising from the IAA acting on an invalid s 473GB certificate or denying procedural fairness.' 'Whether the application should be adjourned pending High Court judgments in appeals concerning BEG15 and SZMTA.' 'Whether Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 was plainly wrong and should not be followed.' 'Whether a s 473GB certificate/notification and related material are new information for the purposes of Pt 7AA.']

Ratio Decidendi

The proposed appeal had insufficient prospects because the Full Court was not persuaded that BBS16 was plainly wrong. Under Pt 7AA, and particularly ss 473DA and 473GB, the applicant's procedural fairness entitlements concerning the invalid s 473GB certificate and related material were governed by the statutory scheme identified in BBS16; the certificate and related material were not new information requiring disclosure. The High Court appeals relied on by the applicant concerned different parts of the Act and did not justify adjournment.

Court Disposition

Application dismissed; application for extension of time rejected; application for adjournment rejected.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent, to be assessed if not agreed.']