BAM16 v Minister for Immigration and Border Protection [2017] FCA 1502

BAM16 v Minister for Immigration and Border Protection [2017] FCA 1502

The applicant failed to provide an acceptable explanation for the significant delay in filing the appeal. No error, procedural unfairness, or inadequacy of interpretation was established in the primary judge's or Tribunal's conduct. No jurisdictional error was made out and leave to raise new grounds was refused. Accordingly, the application for extension of time and related appeals was dismissed.

Parties
Applicant: BAM16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Application for Extension of Time to Appeal and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Procedural Fairness, Use of Interpreters, Apprehended Bias, Refugee Status Determination
Administrative Law Immigration Law Human Rights Extension of Time Procedural Fairness Use of Interpreters Apprehended Bias Refugee Status Determination

Case Brief

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Parties

BAM16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether there was a relevant departure from the standard of interpretation before the primary judge
  2. 2 Whether the primary judge apprehended bias
  3. 3 Whether procedural fairness was denied in the conduct of hearings

Ratio Decidendi

The applicant failed to provide an acceptable explanation for the significant delay in filing the appeal. No error, procedural unfairness, or inadequacy of interpretation was established in the primary judge's or Tribunal's conduct. No jurisdictional error was made out and leave to raise new grounds was refused. Accordingly, the application for extension of time and related appeals was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant pay the first respondent's costs to be taxed if not agreed.