Delay in making judicial decision

The Appellant applied to the Federal Circuit Court (FCCA) for an extension under s 477 of the Migration Act 1958 (Cth) of the time within which to make that judicial review application. The FCCA dismissed the time extension application in November 2018, after having heard that application in 27 November and December 2013.

The Appellant applied to the Federal Court (FCA) under s 39B of the Judiciary Act 1903 (Cth) for judicial review of the FCCA's decision on the basis that it was affected by jurisdictional error. He sought an order in the nature of certiorari quashing the orders of the FCCA orders and an order remitting his application for an extension of time to that court for determination according to law. The FCA dismissed that application and the Appellant eventually appealed to the Full Court of the FCA (FCAFC).

Some of the questions to the FCAFC were as follows:

Question 1: Was there a procedure in place for the Appellant to "complain to the Chief Judge [of the FCCA] about the delay"?

Question 2: Could the Appellant have applied for a writ of mandamus to require the FCCA to make a decision?

Question 3: Did the FCCA make jurisdictional error by failing to take into account its own delay in determining the application for an extension of time?

Question 4: Could it be said that, "in rare cases, delay in the delivery of judgment, without more, will be sufficient to infect the judgment with jurisdictional error"?

Question 5: Did the FCCA, by the delay in making its decision, abandoned its jurisdiction?

Question 6: Did the FCCA, because of the delay in making his decision, "abandon" his decision power or "became incompetent"?

The FCAFC answered those questions as follows: