Sapkota v Minister for Home Affairs [2020] FCA 167

Sapkota v Minister for Home Affairs [2020] FCA 167

It was not arguable that allowing the same Tribunal member to hear the matter on remittal gave rise to apprehended bias, as the merits were only considered once and there were no other features suggesting bias. The AAT’s exercise of discretion under s 362B(1A)(a) of the Migration Act 1958 was not legally unreasonable, given the applicant's repeated failures to appear, lack of adjournment requests, proper notice, and absence of supporting evidence. Accordingly, there was no sufficient prospect of establishing appealable error to warrant an extension of time to appeal.

Jurisdiction
Australia
Judgment Date
19 February 2020
Procedural Posture
Application for Extension of Time to Appeal / Application for Extension of Time to Appeal From the Federal Circuit Court to the Federal Court
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['apprehended Bias' 'extension of Time' 'judicial Review' 'legal Unreasonableness' 'discretion of Administrative Appeals Tribunal']
['migration Law'] ['apprehended Bias' 'extension of Time' 'judicial Review' 'legal Unreasonableness' 'discretion of Administrative Appeals Tribunal']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Application for Extension of Time to Appeal From the Federal Circuit Court to the Federal Court

Legal Issues

  1. 1 ['Whether the same Tribunal member hearing a remitted application gave rise to apprehended bias' "Whether the Tribunal's exercise of discretion under s 362B(1A)(a) of the Migration Act 1958 (Cth) was legally unreasonable" 'Whether an extension of time to appeal should be granted']

Ratio Decidendi

It was not arguable that allowing the same Tribunal member to hear the matter on remittal gave rise to apprehended bias, as the merits were only considered once and there were no other features suggesting bias. The AAT’s exercise of discretion under s 362B(1A)(a) of the Migration Act 1958 was not legally unreasonable, given the applicant's repeated failures to appear, lack of adjournment requests, proper notice, and absence of supporting evidence. Accordingly, there was no sufficient prospect of establishing appealable error to warrant an extension of time to appeal.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs, as agreed or taxed."]