CKA15 v Minister for Immigration and Border Protection [2017] FCA 1327

FEDERAL COURT OF AUSTRALIA

CKA15 v Minister for Immigration and Border Protection [2017] FCA 1327 File number: NSD 1066 of 2017

Judge: FLICK J

Date of judgment: 15 November 2017

Catchwords: PRACTICE AND PROCEDURE – judicial review – application for relief under s 39 of the Judiciary Act 1903 (Cth) – review of the decision of the Federal Circuit Court not to extend time – no appeal from decision of Federal Circuit Court – need to establish jurisdictional error – grounds of review more directed to establishing appellable error than jurisdictional error – no jurisdictional error established ADMINISTRATIVE LAW – tribunals – where tribunal called witness not proposed to be called by applicants – where witness provided statement to the Tribunal – inquisitorial functions of administrative decision-makers – power of the Tribunal to "get any information" – tribunal not bound by evidence proposed to be called by parties

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 33(1)(c) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 422B, 424, 424A, 424B, 427, 477 Medical Practice Act 1994 (Vic)

Cases cited: ATP15 v Minister for Immigration and Border Protection [2016] FCAFC 53, (2016) 241 FCR 92 Australian Postal Corp v Kember [2003] FCA 800 AVF15 v Minister for Immigration and Border Protection [2017] FCA 1094 Byrne v Marles [2008] VSCA 78, (2008) 19 VR 612 CKA15 v Minister for Immigration & Border Protection [2017] FCCA 1089 House v The King (1936) 55 CLR 499 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZKJT [2009] FCA 984, (2009) 111 ALD 562 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30, (2009) 238 CLR 489 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32, (2004) 207 ALR 12 NBMB v Minister for Immigration and Citizenship [2008] FCA 149, (2008) 100 ALD 118 R v Anderson; Ex parte Ipec-Air Pty Ltd (1965) 113 CLR 177 Re Ruddock in his Capacity as Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 [2003] HCA 60, (2003) 201 ALR 437 Shrimpton v Commonwealth (1945) 69 CLR 613 Sudath v Health Care Complaints Commission [2012] NSWCA 171, (2012) 84 NSWLR 474 SZOFK v Minister for Immigration & Citizenship [2011] FCA 88 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTSU v Federal Circuit Court of Australia [2015] FCA 224 Twist v Council of the Municipality of Randwick (1976) 136 CLR 106 Weinstein v Medical Practitioners Board of Victoria [2008] VSCA 193, (2008) 21 VR 29