FKV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1950

FKV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1950

The Federal Court found no jurisdictional error or error on the face of the record in the Federal Circuit Court’s decision to refuse an extension of time for judicial review, the findings of the Tribunal were open based on the evidence, and the reasons of the Federal Circuit Court did not comprise part of the record for certiorari. The applicant’s grounds either failed to particularise jurisdictional error or amounted to impermissible merits review.

Parties
Applicant: FKV17; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal; Third Respondent: Federal Circuit Court of Australia
Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Application for Judicial Review / Final Determination at Federal Court
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Protection Visas, Extension of Time, Jurisdictional Error, Procedural Fairness
Migration Law Administrative Law Judicial Review Protection Visas Extension of Time Jurisdictional Error Procedural Fairness

Case Brief

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Parties

FKV17

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Federal Circuit Court of Australia

Third Respondent

Procedural Posture

Application for Judicial Review / Final Determination at Federal Court

Legal Issues

  1. 1 Whether decision of Federal Circuit Court was affected by jurisdictional error or error on the face of the record
  2. 2 Whether the reasons of the Federal Circuit Court comprise part of the record for the purposes of certiorari
  3. 3 Whether the Federal Circuit Court erred in refusing an extension of time to file the application for judicial review

Ratio Decidendi

The Federal Court found no jurisdictional error or error on the face of the record in the Federal Circuit Court’s decision to refuse an extension of time for judicial review, the findings of the Tribunal were open based on the evidence, and the reasons of the Federal Circuit Court did not comprise part of the record for certiorari. The applicant’s grounds either failed to particularise jurisdictional error or amounted to impermissible merits review.

Court Disposition

Application dismissed with costs

Orders

  • The name of the First Respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
  • The application be dismissed with costs.