EKQ17 v Minister for Immigration and Border Protection [2019] FCA 148

EKQ17 v Minister for Immigration and Border Protection [2019] FCA 148

The proposed grounds of appeal lacked merit. Section 424A did not apply to the Authority and s 473DE was not engaged on the applicant's particulars. The Authority was not legally unreasonable in failing to invite comment or new information because it reassessed the same material considered by the delegate and made different findings, rather than raising a new issue on which it knew necessary material was likely held by the applicant. Accordingly, the application for extension of time and leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
18 February 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From an Order of the Federal Circuit Court Dismissing an Application for Judicial Review
Outcome
Application dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'jurisdictional Error' 'legal Unreasonableness' 'new Information' 'extension of Time' 'leave to Appeal']
['migration' 'administrative Law' 'practice and Procedure'] ['safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'jurisdictional Error' 'legal Unreasonableness' 'new Information' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From an Order of the Federal Circuit Court Dismissing an Application for Judicial Review

Legal Issues

  1. 1 ['Whether an extension of time and leave to appeal should be granted where the application for leave to appeal was six days out of time.' 'Whether the Federal Circuit Court erred in failing to find that the Authority was required to provide adverse information or invite comment from the applicant.' "Whether the Authority's failure to invite the applicant to give new information was legally unreasonable." 'Whether the Authority failed to consider or exercise its discretionary power under s 473DC(3) of the Migration Act 1958 (Cth).']

Ratio Decidendi

The proposed grounds of appeal lacked merit. Section 424A did not apply to the Authority and s 473DE was not engaged on the applicant's particulars. The Authority was not legally unreasonable in failing to invite comment or new information because it reassessed the same material considered by the delegate and made different findings, rather than raising a new issue on which it knew necessary material was likely held by the applicant. Accordingly, the application for extension of time and leave to appeal was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application."]