CCL16 v Minister for Immigration and Border Protection [2017] FCA 960

CCL16 v Minister for Immigration and Border Protection [2017] FCA 960

The applicants failed to identify any jurisdictional error or arguable ground of appeal; the Tribunal did not breach procedural fairness requirements in s 425, nor fail to comply with s 424A or s 424AA, and its credibility findings were not based on misunderstanding or failure to consider evidence. Accordingly, the application for extension of time was dismissed as having no prospect of success.

Jurisdiction
Australia
Judgment Date
07 August 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
['extension of Time for Appeal' 'judicial Review' 'credibility Findings' 'jurisdictional Error' 'procedural Fairness']
['administrative Law' 'immigration Law' 'human Rights Law'] ['extension of Time for Appeal' 'judicial Review' 'credibility Findings' 'jurisdictional Error' 'procedural Fairness']

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether applicants were denied a meaningful opportunity to participate in the hearing as required by s 425 Migration Act' 'Whether the Tribunal failed to comply with s 424A and s 424AA Migration Act with respect to particulars of information' 'Whether an adverse credibility finding by the Tribunal constituted jurisdictional error']

Ratio Decidendi

The applicants failed to identify any jurisdictional error or arguable ground of appeal; the Tribunal did not breach procedural fairness requirements in s 425, nor fail to comply with s 424A or s 424AA, and its credibility findings were not based on misunderstanding or failure to consider evidence. Accordingly, the application for extension of time was dismissed as having no prospect of success.

Court Disposition

Application dismissed

Orders

  • ['The application for an extension of time in which to apply for leave to appeal be dismissed.' "The applicants pay the first respondent's costs of such application as taxed or agreed."]