CZJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 18

CZJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 18

The application for an extension of time was dismissed because, although the Minister did not dispute the explanation for the 45 day delay and accepted there was no prejudice, the proposed appeal had no reasonable prospects of success. The draft appeal ground merely expressed disagreement with paragraphs 28 to 30 of the Federal Circuit Court reasons and identified no appealable error. At a reasonably impressionistic level, the Federal Circuit Court had no arguable error in concluding that the Tribunal adequately dealt with apostasy, conversion to Christianity, the refugee criterion and the complementary protection criterion. The further documents and oral submissions sought to reargue the...

Jurisdiction
Australia
Judgment Date
20 January 2020
Procedural Posture
Migration Application for an Extension of Time Within Which to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Application for Extension of Time
Outcome
Application for an extension of time dismissed.
Legal Topics
['extension of Time to Appeal' 'protection Visas' 'judicial Review' 'jurisdictional Error' 'refugee Criterion' 'complementary Protection' 'reasonable Prospects of Success']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'protection Visas' 'judicial Review' 'jurisdictional Error' 'refugee Criterion' 'complementary Protection' 'reasonable Prospects of Success']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time Within Which to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time within which to appeal from the Federal Circuit Court decision.' 'Whether any proposed appeal from the Federal Circuit Court decision had reasonable prospects of success.' 'Whether the Federal Circuit Court erred in rejecting arguments that the Tribunal conflated conversion to Christianity with apostasy under Sharia law or conflated the refugee criterion with the complementary protection criterion.' "Whether the Tribunal's refusal of a three month extension to provide further material, and the photocopied passport documents sought to be relied on, gave rise to an arguable appealable error."]

Ratio Decidendi

The application for an extension of time was dismissed because, although the Minister did not dispute the explanation for the 45 day delay and accepted there was no prejudice, the proposed appeal had no reasonable prospects of success. The draft appeal ground merely expressed disagreement with paragraphs 28 to 30 of the Federal Circuit Court reasons and identified no appealable error. At a reasonably impressionistic level, the Federal Circuit Court had no arguable error in concluding that the Tribunal adequately dealt with apostasy, conversion to Christianity, the refugee criterion and the complementary protection criterion. The further documents and oral submissions sought to reargue the...

Court Disposition

Application for an extension of time dismissed.

Orders

  • ['The application for an extension of time is dismissed.' "The first and second applicants are to pay the first respondent's costs in the amount of $3,500.00."]