ATX16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 55

Federal Court of Australia

ATX16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 55 Appeal from: Application for an extension of time and leave to appeal: ATX16 v Minister for Immigration & Anor [2020] FCCA 167

File number: WAD 60 of 2020

Judgment of: WIGNEY J

Date of judgment: 4 February 2021

Catchwords: MIGRATION – application for an extension of time and leave to appeal – where the Federal Circuit Court of Australia dismissed an application for judicial review of a decision by the Immigration Assessment Authority affirming a decision to refuse a temporary protection visa – where primary judge dismissed the proceeding due to the applicant's non-appearance at the hearing pursuant to r 16.05(2)(a) of the Federal Circuit Court of Australia Rules 2001 (Cth) – where primary judge found application lacked sufficient prospect of success at an impressionistic level – whether dismissal of application amounted to a denial of procedural fairness – whether applicant was denied a reasonable opportunity to have his case presented – consideration of relevant principles when exercising discretion to grant an extension of time – where applicant did not provide satisfactory explanation for failure to file any application for leave to appeal within time – where applicant was found to have not demonstrated any error on the part of the primary judge in dismissing his application – where applicant was found to have not been denied procedural fairness – application for extension of time and leave to appeal dismissed

Legislation: Migration Act 1958 (Cth) s 46A(2) Federal Court Rules 2011 (Cth) rr 35.13(a), 35.14 Federal Circuit Court Rules 2001 (Cth) rr 13.03C(1)(c), 16.05(2)(a)