CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1441

CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1441

Extension of time granted for grounds 2 and 3 as there was sufficient merit in those grounds, delay was minor and adequately explained, no prejudice to Minister, and interests of justice required extension. Procedural unfairness ground (ground 1) lacked merit. Costs reserved.

Parties
Applicant: CGX20; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Judicial Review Application (migration Matter) / Application for Extension of Time to Seek Judicial Review
Outcome
Extension of time granted for grounds 2 and 3; application allowed in part.
Legal Topics
Extension of Time, Judicial Review, Jurisdictional Error, Ministerial Direction No 79, Procedural Fairness, Unreasonableness
Administrative Law Migration Law Human Rights Extension of Time Judicial Review Jurisdictional Error Ministerial Direction No 79 Procedural Fairness +1 more

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Parties

CGX20

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review Application (migration Matter) / Application for Extension of Time to Seek Judicial Review

Legal Issues

  1. 1 Whether extension of time to seek judicial review should be granted under s 477A(1) of the Migration Act 1958 (Cth)
  2. 2 Whether there is sufficient merit in the proposed grounds of appeal (jurisdictional error, double-counting, unreasonableness)
  3. 3 Whether delay prejudices the Minister or is explained

Ratio Decidendi

Extension of time granted for grounds 2 and 3 as there was sufficient merit in those grounds, delay was minor and adequately explained, no prejudice to Minister, and interests of justice required extension. Procedural unfairness ground (ground 1) lacked merit. Costs reserved.

Court Disposition

Extension of time granted for grounds 2 and 3; application allowed in part.

Orders

  • Name and citation of Tribunal judgment to be redacted from published version.
  • Applicant granted extension of time pursuant to s 477A(1) of the Migration Act 1958 (Cth) for grounds 2 and 3 of amended application for review.