Federal Court: Applicant applied to FCCA for judicial review of IAA's decision and for extension of time within which to file that judicial review application. FCCA found that: extension should not be granted "on the ground of inadequate explanation alone"; there was no merit in the judicial review application. As FCCA's decision to refuse to grant time extension was not appealable, Applicant applied to FCA for judicial review that decision and had to show FCCA made a jurisdictional error. FCA held that FCCA erred in holding that judicial review application lacked merit. Was that error jurisdictional? Does the materiality test apply to the determination of whether a court made a jurisdictional error?
The questions to the Federal Court (FCA) were as follows:
Question 1: Was that error of the Federal Circuit Court (FCCA) jurisdictional?
Answer: The FCA answered "no".
Question 2: Does the materiality test expounded by the High Court in Hossain apply to the determination of whether a court made a jurisdictional error?
Answer: The FCA answered "Yes". From the writer of this article: see also the Full Court's decision in DKX17.
The FCA answered those questions as follows:
The remainder of this article is only available to Case Law and Platinum subscribers.
Read our Terms & Conditions and upgrade below:
Where GST applies, the above amounts are inclusive of GST.
Basic Content includes basic news, some media articles and selected announcements.
Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.
Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.
Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.
If you already have a Case Law or Platinum subscription, click on 'Login' below.