WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 19

WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 19

Inordinate delay in the delivery of judgment by the Federal Circuit Court did not, by itself or in the circumstances of this case, amount to jurisdictional error or require that the Circuit Court take its own delay into account in exercising its discretion under s 477(2) of the Migration Act 1958 (Cth); as such, the appeal was dismissed.

Parties
Appellant: WZASS; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Federal Circuit Court of Australia
Jurisdiction
Australia
Judgment Date
25 February 2021
Procedural Posture
Appeal / Judgment on Appeal From Federal Court (judicial Review of Federal Circuit Court Refusal to Extend Time for Application)
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Extension of Time, Jurisdictional Error, Delay in Judgment, Procedural Fairness
Administrative Law Migration Law Judicial Review Extension of Time Jurisdictional Error Delay in Judgment Procedural Fairness

Case Brief

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Parties

WZASS

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Federal Circuit Court of Australia

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Court (judicial Review of Federal Circuit Court Refusal to Extend Time for Application)

Legal Issues

  1. 1 Whether a judge is required to take into account their own delay in producing a judgment when determining an extension of time under s 477(2) of Migration Act 1958 (Cth)
  2. 2 Whether inordinate delay in delivery of judgment constitutes jurisdictional error

Ratio Decidendi

Inordinate delay in the delivery of judgment by the Federal Circuit Court did not, by itself or in the circumstances of this case, amount to jurisdictional error or require that the Circuit Court take its own delay into account in exercising its discretion under s 477(2) of the Migration Act 1958 (Cth); as such, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.