DJY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1439

DJY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1439

Leave to extend time to appeal was refused because, although the one-day delay was minor and caused limited prejudice, the proposed grounds of appeal were without merit. The applicant did not identify error by the primary judge or unsubstantiated evidence relied on by the Tribunal; the Tribunal had considered his protection claims and country information; the applicant did not identify any wrong application of law; and there was no shown error in the primary judge's conclusion that the Tribunal was entitled to proceed in the applicant's absence after proper hearing notification and reminders.

Jurisdiction
Australia
Judgment Date
20 November 2023
Procedural Posture
Migration Application for Leave to Extend Time to Appeal / Application for Leave to Extend Time to Appeal From Orders Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Application dismissed; leave to extend time to appeal refused.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'protection Visa Refusal' 'administrative Appeals Tribunal Non Attendance' 'costs']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'protection Visa Refusal' 'administrative Appeals Tribunal Non Attendance' 'costs']

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

Migration Application for Leave to Extend Time to Appeal / Application for Leave to Extend Time to Appeal From Orders Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether leave should be granted to extend time to appeal where the notice of appeal was filed one day out of time.' 'Whether the proposed grounds of appeal had sufficient merit.' "Whether the Tribunal erred by proceeding in the applicant's absence after he did not attend the Tribunal hearing." "Whether the Tribunal failed properly to consider the applicant's protection claims, including claimed harm and discrimination against ethnic Chinese in Malaysia."]

Ratio Decidendi

Leave to extend time to appeal was refused because, although the one-day delay was minor and caused limited prejudice, the proposed grounds of appeal were without merit. The applicant did not identify error by the primary judge or unsubstantiated evidence relied on by the Tribunal; the Tribunal had considered his protection claims and country information; the applicant did not identify any wrong application of law; and there was no shown error in the primary judge's conclusion that the Tribunal was entitled to proceed in the applicant's absence after proper hearing notification and reminders.

Court Disposition

Application dismissed; leave to extend time to appeal refused.

Orders

  • ['The name of the first respondent be amended to "Minister for Immigration, Citizenship and Multicultural Affairs".' 'The application be dismissed.' "The applicant pay the first respondent's costs fixed in the amount of $4,000."]