BLD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 294

BLD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 294

The Tribunal's 13 February 2020 statement was a written statement complying with s 430(1), and the 19 February 2020 corrigendum did not materially change the Tribunal's reasons or create a later written statement. Time under s 477(1) therefore expired on 19 March 2020, so the attempted 20 March application was out of time. Because the only basis for quashing the Circuit Court's decision was that an extension of time was unnecessary, the amended originating application failed and had to be dismissed.

Jurisdiction
Australia
Judgment Date
03 April 2023
Procedural Posture
Application for Judicial Review of Decision Dismissing Application for Extension of Time Under S 477(2) of the Migration Act 1958 (cth) / Federal Court Judgment on Amended Originating Application
Outcome
Application dismissed with costs.
Legal Topics
['visa Cancellation' 'protection Visa' 'extension of Time' 'migration Decision' 'written Statement of Decision' 'corrigendum' 'filing Requirements' 'discretionary Refusal of Relief']
['migration Law' 'administrative Law' 'judicial Review'] ['visa Cancellation' 'protection Visa' 'extension of Time' 'migration Decision' 'written Statement of Decision' 'corrigendum' 'filing Requirements' 'discretionary Refusal of Relief']

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Procedural Posture

Application for Judicial Review of Decision Dismissing Application for Extension of Time Under S 477(2) of the Migration Act 1958 (cth) / Federal Court Judgment on Amended Originating Application

Legal Issues

  1. 1 ["Whether the Tribunal's corrigendum dated 19 February 2020 meant that the date of the migration decision for s 477 of the Migration Act 1958 (Cth) was later than 13 February 2020." "Whether the applicant's attempted electronic lodgement on 20 March 2020 was an application made within time for s 477(1) despite non-compliance with the Federal Circuit Court Rules 2001(Cth)." "Whether relief should be refused in the Court's discretion because the applicant advanced a position inconsistent with that taken in the Circuit Court."]

Ratio Decidendi

The Tribunal's 13 February 2020 statement was a written statement complying with s 430(1), and the 19 February 2020 corrigendum did not materially change the Tribunal's reasons or create a later written statement. Time under s 477(1) therefore expired on 19 March 2020, so the attempted 20 March application was out of time. Because the only basis for quashing the Circuit Court's decision was that an extension of time was unnecessary, the amended originating application failed and had to be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent as agreed or assessed.']