DAE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 79

DAE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 79

Although there was an arguable error in the FCC's consideration of the applicant's explanation for non-attendance, the application for leave to appeal is dismissed because the underlying judicial review application had no reasonable prospects of success, as the FCC correctly applied the legal principles concerning 'exceptional circumstances' and 'credible personal information' under s 473DD of the Migration Act.

Jurisdiction
Australia
Judgment Date
09 February 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for leave to appeal dismissed; extension of time granted; first respondent awarded costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'section 473 DD of Migration Act' 'reinstatement of Proceedings' 'discretionary Decisions']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'section 473 DD of Migration Act' 'reinstatement of Proceedings' 'discretionary Decisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the primary judge failed to consider relevant personal circumstances in refusing reinstatement of proceedings' 'Whether the applicant had no reasonable prospects of success on judicial review against the Immigration Assessment Authority decision' "Proper approach to 'exceptional circumstances' and 'credible personal information' under s 473DD of Migration Act"]

Ratio Decidendi

Although there was an arguable error in the FCC's consideration of the applicant's explanation for non-attendance, the application for leave to appeal is dismissed because the underlying judicial review application had no reasonable prospects of success, as the FCC correctly applied the legal principles concerning 'exceptional circumstances' and 'credible personal information' under s 473DD of the Migration Act.

Court Disposition

Application for leave to appeal dismissed; extension of time granted; first respondent awarded costs.

Orders

  • ['The time for seeking leave to appeal from the Federal Circuit Court orders of 26 June 2020 is extended to 14 July 2020.' 'The application for leave to appeal is dismissed.' "The applicant must pay the first respondent's costs of the application."]