ANK15 v Minister for Immigration and Border Protection & Anor

This case concerned an application by ANK15 for orders of certiorari, mandamus, and prohibition against the Minister for Immigration and Border Protection and the Administrative Appeals Tribunal (the Tribunal). ANK15 sought to quash a decision of the Tribunal that affirmed a delegate's refusal of his Protection (Class XA) visa application. The core of the dispute revolved around the Tribunal's decision to proceed with a hearing under section 426A of the *Migration Act 1958* (Cth) in ANK15's absence, despite repeated requests for adjournment due to alleged illness. The matter was heard in the High Court of Australia.

The legal issues before the High Court were whether the Tribunal had committed a jurisdictional error by proceeding with the hearing under section 426A without taking further action to allow ANK15 to appear, and whether the primary judge and the Federal Court had erred in failing to find such an error. Specifically, ANK15 argued that it was unreasonable for the Tribunal to proceed in his absence and that the Tribunal failed to adequately consider the significance of his inability to attend the hearing.

The High Court, referencing its recent decision in *Minister for Immigration and Border Protection v SZVFW*, noted that a finding of legal unreasonableness in proceeding under section 426A is not made lightly. The Court found no reason to doubt the correctness of the judgments of the Federal Circuit Court and the Federal Court, which had previously dismissed ANK15's applications for judicial review and appeal, respectively. The High Court concluded that the Tribunal had acted correctly in proceeding and deciding the matter as it did, and that ANK15's application for an order to show cause was substantially out of time, rendering an extension of time futile.

Consequently, the High Court dismissed ANK15's application and ordered that he pay the costs of the Commonwealth.