EGM17 v Minister for Immigration and Border Protection [2019] FCA 1519

EGM17 v Minister for Immigration and Border Protection [2019] FCA 1519

The Court refused to extend time because the proposed review application lacked sufficient prospects of success and was foredoomed to failure. The Tribunal had considered the evidence and the matters required by Direction 65, its conclusions on the character test and risk to the community were open to it, the applicant's complaints did not disclose jurisdictional error, lack of legal representation did not amount to denial of procedural fairness, and no apparent error was shown concerning non-refoulement or family interests. The delay was lengthy and inadequately explained, but the decisive consideration was the absence of merit in the proposed review application.

Jurisdiction
Australia
Judgment Date
19 September 2019
Procedural Posture
Migration Judicial Review; Application for Extension of Time Under S 477 A(2) of the Migration Act 1958 (cth) / Federal Court Application to Extend Time to File an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Bridging Visa
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'judicial Review of Migration Decision' 'bridging Visa Refusal' 'character Test' 'legal Unreasonableness' 'procedural Fairness' 'relevant and Irrelevant Considerations' 'non Refoulement Obligations' 'ministerial Direction 65']
['migration Law' 'administrative Law'] ['extension of Time' 'judicial Review of Migration Decision' 'bridging Visa Refusal' 'character Test' 'legal Unreasonableness' 'procedural Fairness' 'relevant and Irrelevant Considerations' 'non Refoulement Obligations' 'ministerial Direction 65']

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 Judicial Review; Application for Extension of Time Under S 477 A(2) of the Migration Act 1958 (cth) / Federal Court Application to Extend Time to File an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Bridging Visa

Legal Issues

  1. 1 ['Whether the time for commencing judicial review under s 476A of the Migration Act 1958 (Cth) should be extended under s 477A(2).' 'Whether the applicant adequately explained the delay in filing the proposed review application.' 'Whether the proposed review grounds had sufficient prospects of success to warrant an extension of time.' "Whether the Tribunal's decision involved jurisdictional error by legal unreasonableness, taking irrelevant considerations into account, failing to take relevant considerations into account, error of law, denial of procedural fairness, failure to comply with Direction 65, or failure to consider non-refoulement and family interests."]

Ratio Decidendi

The Court refused to extend time because the proposed review application lacked sufficient prospects of success and was foredoomed to failure. The Tribunal had considered the evidence and the matters required by Direction 65, its conclusions on the character test and risk to the community were open to it, the applicant's complaints did not disclose jurisdictional error, lack of legal representation did not amount to denial of procedural fairness, and no apparent error was shown concerning non-refoulement or family interests. The delay was lengthy and inadequately explained, but the decisive consideration was the absence of merit in the proposed review application.

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicant's application under s 477A(2) of the Migration Act 1958 (Cth) for an extension of time is dismissed." 'The applicant is to pay the costs of the first respondent as agreed or assessed.']