BRA15 v Minister for Immigration and Border Protection [2017] FCA 218

BRA15 v Minister for Immigration and Border Protection [2017] FCA 218

The application for an extension of time was refused because, although the Federal Circuit Court appeared to apply irrelevant extension of time authorities when dealing with reinstatement, any error was not material to the outcome. The Federal Circuit Court's refusal to reinstate the judicial review application was not attended by sufficient doubt, and no arguable legal errors were apparent in the Tribunal's reasoning, including as to procedural fairness, credibility, or bias.

Jurisdiction
Australia
Judgment Date
02 March 2017
Procedural Posture
Migration Application for Extension of Time for Appeal From Federal Circuit Court / Application for Extension of Time
Outcome
Application for an extension of time refused.
Legal Topics
['protection Visa' 'extension of Time' 'leave to Appeal' 'reinstatement After Non Appearance' 'procedural Fairness Under S 424 Aa' 'credibility Findings' 'actual or Apprehended Bias']
['migration' 'administrative Law' 'federal Court Practice and Procedure'] ['protection Visa' 'extension of Time' 'leave to Appeal' 'reinstatement After Non Appearance' 'procedural Fairness Under S 424 Aa' 'credibility Findings' 'actual or Apprehended Bias']

Case Brief

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Procedural Posture

Migration Application for Extension of Time for Appeal From Federal Circuit Court / Application for Extension of Time

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time to appeal from the Federal Circuit Court's refusal to reinstate his judicial review application." 'Whether any error by the Federal Circuit Court in applying extension of time principles rather than reinstatement principles was material to the exercise of discretion.' "Whether the Federal Circuit Court's assessment of the Tribunal decision was attended by sufficient doubt." "Whether the Tribunal's reasoning disclosed any arguable legal error, including as to procedural fairness, credibility, or actual or apprehended bias."]

Ratio Decidendi

The application for an extension of time was refused because, although the Federal Circuit Court appeared to apply irrelevant extension of time authorities when dealing with reinstatement, any error was not material to the outcome. The Federal Circuit Court's refusal to reinstate the judicial review application was not attended by sufficient doubt, and no arguable legal errors were apparent in the Tribunal's reasoning, including as to procedural fairness, credibility, or bias.

Court Disposition

Application for an extension of time refused.

Orders

  • ['The application for an extension of time is refused.' "The applicant pay the first respondent's costs of the application fixed in the sum of $3,000."]