Kadeh v Administrative Appeals Tribunal (No 3) [2021] FCA 965

Kadeh v Administrative Appeals Tribunal (No 3) [2021] FCA 965

The proceeding was dismissed because any appeal from the Tribunal decisions was out of time and no application for an extension of time had been made or granted. Even if the appeal were competent, it was entirely without merit because the Amended Originating application identified no grounds of review or errors of law, the applicant's allegations were not particularised, and the Tribunal's reasons disclosed an evident and intelligible justification for the decisions made.

Jurisdiction
Australia
Judgment Date
18 August 2021
Procedural Posture
Application Concerning Competency or Dismissal of Purported Appeal and Amended Originating Application for Judicial Review / Judgment on the Third Respondent's Notice of Objection to Competency and Application to Dismiss
Outcome
The proceeding brought by the applicant was dismissed, with costs to the third respondent.
Legal Topics
['out of Time Appeal From Administrative Appeals Tribunal' 'extension of Time Under S 44(2 A) of the Administrative Appeals Tribunal Act 1975 (cth)' 'judicial Review Under S 39 B of the Judiciary Act 1903 (cth)' 'dismissal for Incompetence or Want of Merit' 'non Compliance With Federal Court Orders']
['practice and Procedure' 'administrative Law' 'migration Agents Registration'] ['out of Time Appeal From Administrative Appeals Tribunal' 'extension of Time Under S 44(2 A) of the Administrative Appeals Tribunal Act 1975 (cth)' 'judicial Review Under S 39 B of the Judiciary Act 1903 (cth)' 'dismissal for Incompetence or Want of Merit' 'non Compliance With Federal Court Orders']

Case Brief

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Procedural Posture

Application Concerning Competency or Dismissal of Purported Appeal and Amended Originating Application for Judicial Review / Judgment on the Third Respondent's Notice of Objection to Competency and Application to Dismiss

Legal Issues

  1. 1 ["Whether the applicant's purported appeal from Tribunal decisions made on 9 July 2020 and 28 October 2020 was incompetent because it was out of time and no extension of time had been sought or granted." 'Whether, if competent, the proceeding should be dismissed as without merit because the applicant identified no review grounds, errors of law, or sufficient particulars.' "Whether the applicant's non-compliance with previous orders justified dismissal under the Federal Court Rules 2011 (Cth)."]

Ratio Decidendi

The proceeding was dismissed because any appeal from the Tribunal decisions was out of time and no application for an extension of time had been made or granted. Even if the appeal were competent, it was entirely without merit because the Amended Originating application identified no grounds of review or errors of law, the applicant's allegations were not particularised, and the Tribunal's reasons disclosed an evident and intelligible justification for the decisions made.

Court Disposition

The proceeding brought by the applicant was dismissed, with costs to the third respondent.

Orders

  • ['The proceeding brought by the applicant be dismissed.' "The applicant pay the third respondent's costs of the proceeding."]