BEX15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1240

BEX15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1240

There was no jurisdictional error or legal error on the face of the Federal Circuit Court's record in its refusal to grant an extension of time. The applicant's distress and language difficulties do not establish legal error. The judicial review application is dismissed.

Parties
Applicant: BEX15; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Judicial Review Application / Appeal From Federal Circuit Court Dismissal of Extension of Time for Judicial Review
Outcome
Application dismissed
Legal Topics
Extension of Time, Judicial Review, Jurisdictional Error, Merits Review, Costs
Migration Law Administrative Law Extension of Time Judicial Review Jurisdictional Error Merits Review Costs

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Parties

BEX15

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review Application / Appeal From Federal Circuit Court Dismissal of Extension of Time for Judicial Review

Legal Issues

  1. 1 Whether the Federal Circuit Court erred in refusing an extension of time to seek judicial review
  2. 2 Whether there was any jurisdictional error in the Federal Circuit Court decision
  3. 3 Whether there was legal error on the face of the Federal Circuit Court record

Ratio Decidendi

There was no jurisdictional error or legal error on the face of the Federal Circuit Court's record in its refusal to grant an extension of time. The applicant's distress and language difficulties do not establish legal error. The judicial review application is dismissed.

Court Disposition

Application dismissed

Orders

  • The name of the first respondent amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
  • Application for judicial review filed on 21 December 2018 dismissed.