CBG16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1486

CBG16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1486

The application for an extension of time was dismissed because the proposed appeal, based on the ground that the AAT did not give proper consideration to the application, had no prospects of success. The tribunal's and primary judge's approach to the consideration of complementary protection was correct in law, and there was no jurisdictional error.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Application for Extension of Time (appeal) / Hearing and Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['extension of Time' 'judicial Review' 'protection Visas' 'credibility Assessment' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['extension of Time' 'judicial Review' 'protection Visas' 'credibility Assessment' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time (appeal) / Hearing and Judgment on Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to appeal the Federal Circuit Court judgment' 'Whether the appeal had prospects of success based on the allegation that the AAT did not properly consider their application']

Ratio Decidendi

The application for an extension of time was dismissed because the proposed appeal, based on the ground that the AAT did not give proper consideration to the application, had no prospects of success. The tribunal's and primary judge's approach to the consideration of complementary protection was correct in law, and there was no jurisdictional error.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ["The name of the first respondent be amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.'" 'The application for extension of time be dismissed.' "The applicants pay the first respondent's costs, to be agreed or assessed."]