ERE18 v Minister for Home Affairs [2021] FCA 997

ERE18 v Minister for Home Affairs [2021] FCA 997

The applicant is granted leave to file and serve an amended draft notice of appeal restricted to the ground involving the Authority's alleged failure to inquire into the medical condition, with a timetable for further submissions and evidence. The applicant must pay the Minister's wasted costs due to the adjournment, as all responsibility for the adjournment lies with the applicant's side.

Parties
Applicant: ERE18; First Respondent: Minister for Home Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Migration Appeal/extension of Time Application / Interlocutory Application for Extension of Time and Leave to Amend Grounds of Appeal
Outcome
Interlocutory orders made: Leave to amend grounds granted, timetable set for submissions and evidence, order for wasted costs, matter adjourned for hearing.
Legal Topics
Extension of Time, Amendment of Notice of Appeal, Procedural Non Compliance, Costs Orders
Administrative Law Migration Law Extension of Time Amendment of Notice of Appeal Procedural Non Compliance Costs Orders

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

ERE18

Applicant

Minister for Home Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Migration Appeal/extension of Time Application / Interlocutory Application for Extension of Time and Leave to Amend Grounds of Appeal

Legal Issues

  1. 1 Whether leave should be granted to file and serve an amended draft notice of appeal raising a new ground
  2. 2 Whether an extension of time should be granted to file the notice of appeal
  3. 3 Appropriateness of costs order for wasted costs

Ratio Decidendi

The applicant is granted leave to file and serve an amended draft notice of appeal restricted to the ground involving the Authority's alleged failure to inquire into the medical condition, with a timetable for further submissions and evidence. The applicant must pay the Minister's wasted costs due to the adjournment, as all responsibility for the adjournment lies with the applicant's side.

Court Disposition

Interlocutory orders made: Leave to amend grounds granted, timetable set for submissions and evidence, order for wasted costs, matter adjourned for hearing.

Orders

  • The applicant have leave to file and serve an amended draft notice of appeal deleting the existing draft grounds of appeal and substituting a new ground as set out.
  • The applicant file and serve amended draft notice of appeal by 27 August 2021.