ACW15 v Minister for Immigration - [2015] FCCA 2976

FEDERAL CIRCUIT COURT OF AUSTRALIA

ACW15 v MINISTER FOR IMMIGRATION & ANOR

[2015] FCCA 2976

Catchwords:
ADMINISTRATIVE LAW – Application for extension of time within which to bring proceedings – insignificant delay – reasonable excuse given – time extended.

MIGRATION – Protection visa – review of decision of Refugee Review Tribunal – whether the Tribunal was unreasonable – whether the Tribunal denied procedural fairness – whether the Tribunal failed to give proper, genuine and realistic consideration to the applicant’s claims – whether Tribunal failed to take into account country information – extent of Tribunal’s obligation to give reasons for decision – application dismissed.

Legislation:

Migration Act 1958 (Cth), ss.91K, 91L, 195A, 420, 430, 476, 477

Abebe v Commonwealth [1999] HCA 14; 197 CLR 510

Mark Aronson and Matthews Groves, Judicial Review of Administrative Action (Thomson Reuters, 5^th ed, 2013)
Enid Campbell and Matthew Groves, ‘Time Limitations on Applications for Judicial Review’ (2004) 32 Federal Law Review 29

Applicant:

ACW15

First Respondent:

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent:

ADMINISTRATIVE APPEALS TRIBUNAL

File Number:

PEG 90 of 2015

Judgment of:

Judge Smith

Hearing date:

30 October 2015

Date of Last Submission:

30 October 2015

Delivered at:

Perth

Delivered on:

6 November 2015

REPRESENTATION

Counsel for the Applicant:

Mr D.V. Blades

Solicitors for the Applicant:

Putt Legal

Counsel for the First Respondent:

Mr R.J.S. French

Solicitors for the Respondents:

Australian Government Solicitor

ORDERS

The name of the second respondent be amended to Administrative…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] FCCA 2976
Decision Date: 6 November 2015

CaseChat Overview and Summary

ACW15 (the applicant) sought judicial review of a decision by the Refugee Review Tribunal (RRT) to refuse to grant a protection visa. The Minister for Immigration (the respondent) was the opposing party. The application was heard in the Federal Circuit Court of Australia.

The applicant raised several grounds of review, including that the RRT had acted unreasonably, denied procedural fairness, failed to give proper, genuine, and realistic consideration to the applicant's claims, and failed to take into account relevant country information. The applicant also contended that the RRT failed to provide adequate reasons for its decision.

Judge Smith found that while there was a delay in filing the application for judicial review, it was insignificant and the applicant had provided a reasonable excuse for this delay. However, on the substantive grounds of review, the Court was not satisfied that the RRT had acted unreasonably or denied procedural fairness. The Court determined that the RRT had given proper, genuine, and realistic consideration to the applicant's claims and had taken into account relevant country information. The extent of the RRT's obligation to give reasons was also considered and found to have been met.

Consequently, the application for judicial review was dismissed.

Orders