FPK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 723

FPK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 723

There is no real prospect of success on appeal as there is no evidence the Secretary failed to provide relevant material to the Authority, or that any undisclosed material existed that could have affected the outcome. All material adverse to the applicant arising from the delegate's discussion with the second delegate appears to have been disclosed, put to the applicant, and recorded in the transcript, which was provided to the Authority. Therefore, the threshold for jurisdictional error under s 473CB is not met, and it is not in the interests of justice to grant extension or leave to raise the new ground.

Jurisdiction
Australia
Judgment Date
30 June 2021
Procedural Posture
Application for Extension of Time to Appeal / Federal Court Judgment on Application for Extension of Time
Outcome
Application dismissed; applicant to pay first respondent's costs
Legal Topics
['judicial Review' 'extension of Time' 'immigration Assessment Authority' 's 473 CB Migration Act' 'safe Haven Enterprise Visa' 'jurisdictional Error' 'review Material']
['migration Law' 'administrative Law'] ['judicial Review' 'extension of Time' 'immigration Assessment Authority' 's 473 CB Migration Act' 'safe Haven Enterprise Visa' 'jurisdictional Error' 'review Material']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Federal Court Judgment on Application for Extension of Time

Legal Issues

  1. 1 ["Whether the Federal Court should grant an extension of time to appeal from the Federal Circuit Court's dismissal of the applicant's application for judicial review of a migration decision" 'Whether the Secretary failed to comply with s 473CB of the Migration Act 1958 (Cth) by not considering or providing material relating to a discussion between delegates and whether this could have affected the outcome of the Immigration Assessment Authority review, causing jurisdictional error']

Ratio Decidendi

There is no real prospect of success on appeal as there is no evidence the Secretary failed to provide relevant material to the Authority, or that any undisclosed material existed that could have affected the outcome. All material adverse to the applicant arising from the delegate's discussion with the second delegate appears to have been disclosed, put to the applicant, and recorded in the transcript, which was provided to the Authority. Therefore, the threshold for jurisdictional error under s 473CB is not met, and it is not in the interests of justice to grant extension or leave to raise the new ground.

Court Disposition

Application dismissed; applicant to pay first respondent's costs

Orders

  • ['Application dismissed.' "The applicant is to pay the first respondent's costs to be taxed if not agreed."]