CIN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, CIN19, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the delegate's refusal of a protection visa. The applicant also sought an extension of time to file a show cause application. The proceedings were before Judge Driver of the Federal Circuit Court of Australia.

The primary legal issues before the Court were whether the applicant should be granted an extension of time to file his application, and, in the alternative, whether the Tribunal had erred in law by failing to afford the applicant procedural fairness. Specifically, the applicant contended that the Tribunal should have made further inquiries or arrangements for his attendance at the hearing, given his incarceration and subsequent release, and that certain adverse findings were made without sufficient particularity or opportunity for him to respond.

Judge Driver refused the application for an extension of time, finding that the grounds advanced by the applicant did not establish a sufficient reason for the delay. The Court also found that the applicant had not demonstrated that the Tribunal had erred in law. The Tribunal had provided notice of hearings to the applicant's last known email address and, in the absence of attendance, was entitled to proceed under section 426A of the *Migration Act 1958* (Cth). The Court noted that the applicant's claims regarding his alleged employment lacked essential detail, and the Tribunal's inability to question him further due to his non-attendance meant it was not satisfied of his claims for protection. The Court rejected the applicant's arguments regarding procedural fairness, finding that the Tribunal's actions were not demonstrably unfair in the circumstances.

Consequently, the Court ordered that the application for an extension of time be refused and that the applicant pay the first respondent's costs.