DYU16 v Minister for Immigration and Border Protection [2018] FCA 301

DYU16 v Minister for Immigration and Border Protection [2018] FCA 301

The proposed appeal did not raise an arguable ground, as the Tribunal expressly considered all relevant claims, complied with statutory requirements and principles of procedural fairness, and findings against the applicants were reasonably open. Therefore, the application for extension of time must be dismissed.

Parties
First Applicant: DYU16; Second Applicant: DYV16; Third Applicant: DYW16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Migration – Application for Extension of Time to Seek Leave to Appeal / Application for Extension of Time to Seek Leave to Appeal From Summary Dismissal at Federal Circuit Court
Outcome
Application for extension of time dismissed with costs
Legal Topics
Extension of Time – Leave to Appeal, Judicial Review – Summary Dismissal, Procedural Fairness, Jurisdictional Error
Migration Extension of Time – Leave to Appeal Judicial Review – Summary Dismissal Procedural Fairness Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

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Parties

DYU16

First Applicant

DYV16

Second Applicant

DYW16

Third Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration – Application for Extension of Time to Seek Leave to Appeal / Application for Extension of Time to Seek Leave to Appeal From Summary Dismissal at Federal Circuit Court

Legal Issues

  1. 1 Whether the applicants should be granted an extension of time to seek leave to appeal following summary dismissal of application for judicial review
  2. 2 Whether the Tribunal failed to consider relevant claims or breached procedural fairness
  3. 3 Whether the Tribunal made findings without evidence or failed to comply with statutory obligations

Ratio Decidendi

The proposed appeal did not raise an arguable ground, as the Tribunal expressly considered all relevant claims, complied with statutory requirements and principles of procedural fairness, and findings against the applicants were reasonably open. Therefore, the application for extension of time must be dismissed.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • The application for an extension of time within which to file an application for leave to appeal is dismissed.
  • The applicants pay the first respondent's costs of the application.