CCD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 504

CCD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 504

Ground 2 could not succeed because this proceeding was for judicial review of the refusal of an extension of time and required jurisdictional error by the primary judge, not review of the underlying Immigration Assessment Authority decision. Ground 1 failed because the primary judge provided reasons for refusing the extension of time, considered the merits only at an impressionistic level, and made no error, still less jurisdictional error, in finding that it was not necessary in the interests of the administration of justice to extend time given the extreme and inadequately explained delay and absence of an arguable judicial review case.

Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review / Judicial Review of a Federal Circuit Court Decision Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth)
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'protection Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'interests of the Administration of Justice']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time' 'protection Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'interests of the Administration of Justice']

Case Brief

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review / Judicial Review of a Federal Circuit Court Decision Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth)

Legal Issues

  1. 1 ['Whether the Federal Circuit Court judge made jurisdictional error in refusing an extension of time to apply for judicial review under s 477(2) of the Migration Act 1958 (Cth).' 'Whether the applicant could rely in this Court on a ground directed to alleged procedural unfairness by the Immigration Assessment Authority rather than error by the primary judge.' "Whether the primary judge failed to give reasons for finding the applicant's explanation for delay unacceptable."]

Ratio Decidendi

Ground 2 could not succeed because this proceeding was for judicial review of the refusal of an extension of time and required jurisdictional error by the primary judge, not review of the underlying Immigration Assessment Authority decision. Ground 1 failed because the primary judge provided reasons for refusing the extension of time, considered the merits only at an impressionistic level, and made no error, still less jurisdictional error, in finding that it was not necessary in the interests of the administration of justice to extend time given the extreme and inadequately explained delay and absence of an arguable judicial review case.

Court Disposition

Application dismissed with costs.

Orders

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