AZJ16 v Minister for Immigration and Border Protection [2018] FCA 1390

AZJ16 v Minister for Immigration and Border Protection [2018] FCA 1390

The delay of 16 days was not inordinate, but the proposed appeal lacked sufficient prospects of success. BBS16 and AYF16 applied to the materially similar certificate issue, and even if the certificate were invalid that would not establish jurisdictional error or denial of procedural fairness under the Part 7AA scheme. The applicant did not otherwise challenge the Federal Circuit Court reasons, so an extension of time to appeal was not justified.

Jurisdiction
Australia
Judgment Date
12 September 2018
Procedural Posture
Migration Application for Extension of Time to Appeal / Federal Court Application for Extension of Time to Appeal From Dismissal by the Federal Circuit Court of an Application for Judicial Review
Outcome
Application for extension of time to appeal refused; application dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'fast Track Review Under Part 7 Aa' 'section 473 GB Certificate' 'procedural Fairness' 'jurisdictional Error' 'extension of Time to Appeal']
['migration Law' 'administrative Law'] ['safe Haven Enterprise Visa' 'fast Track Review Under Part 7 Aa' 'section 473 GB Certificate' 'procedural Fairness' 'jurisdictional Error' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal / Federal Court Application for Extension of Time to Appeal From Dismissal by the Federal Circuit Court of an Application for Judicial Review

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal from the Federal Circuit Court decision.' 'Whether the Immigration Assessment Authority acted on a certificate invalidly issued under s 473GB of the Migration Act 1958 (Cth).' 'Whether any invalidity of the certificate, or non-disclosure of the certificate and related documents, gave rise to jurisdictional error or denial of procedural fairness.' 'Whether the proposed appeal had sufficient prospects of success.']

Ratio Decidendi

The delay of 16 days was not inordinate, but the proposed appeal lacked sufficient prospects of success. BBS16 and AYF16 applied to the materially similar certificate issue, and even if the certificate were invalid that would not establish jurisdictional error or denial of procedural fairness under the Part 7AA scheme. The applicant did not otherwise challenge the Federal Circuit Court reasons, so an extension of time to appeal was not justified.

Court Disposition

Application for extension of time to appeal refused; application dismissed with costs.

Orders

  • ['Application for extension of time to appeal refused.' "The applicant to pay the first respondent's costs to be assessed, if not agreed."]