DQA16 v Minister for Immigration and Border Protection [2018] FCA 2086

FEDERAL COURT OF AUSTRALIA

DQA16 v Minister for Immigration and Border Protection [2018] FCA 2086 File number: NSD 1496 of 2017

Judge: WIGNEY J

Date of judgment: 21 December 2018

Catchwords: MIGRATION – application for Protection (Class XA) visa – where Administrative Appeals Tribunal not satisfied that applicant would face serious or significant harm for the reasons claimed – where Administrative Appeals Tribunal affirmed decision to refuse to grant the applicant a protection visa ADMINISTRATIVE LAW – application under s 39B Judiciary Act 1903 (Cth) for judicial review of a decision of the Federal Circuit Court refusing to extend time under s 477(2) of the Migration Act 1958 (Cth) – whether jurisdictional error on the part of the Circuit Court judge – whether Circuit Court judge denied the applicant procedural fairness – where allegation of apprehended or actual bias on the part of the Circuit Court judge – brevity of reasons of Circuit Court judge – whether Circuit Court judge constructively failed to exercise jurisdiction – where ground of judicial review concerned jurisdictional errors said to have been made by Administrative Appeals Tribunal – misconception of jurisdiction of this Court – application dismissed

Legislation: Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 423A, 425, 476A, 477

Cases cited: AXE16 v Minister for Immigration and Border Protection [2018] FCA 646 AXL16 v Minister for Immigration and Border Protection [2018] FCA 208 BDS17 v Minister for Immigration and Border Protection [2018] FCA 1683 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 COZ16 v Minister for Immigration and Border Protection (2018) 159 ALD 120 CPF15 v Minister for Immigration and Border Protection [2018] FCA 330 DAO16 v Minister for Immigration and Border Protection (2018) 353 ALR 641 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Federation Insurance Ltd v Wasson (1987) 163 CLR 303 Fletcher Construction Australia Ltd v Lines Macfarlane & Marshall Pty Ltd (2001) 4 VR 28 Goodwin v Commissioner of Police [2012] NSWCA 379 Hocking v Medical Board of Australia [2014] ATSC 48; (2014) 287 FLR 54 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Minister for Immigration and Multicultural Affairs v SGLB (2004) 78 ALD 224 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223 NADR v Minister for Immigration and Multicultural Affairs [2002] FCA 361 Richmond v BMW Australia Finance Limited (No 2) (2009) 174 FCR 232 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 SZVDC v Minister for Immigration and Border Protection [2018] FCAFC 16 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55