AMP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2048

AMP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2048

The application for an extension of time was dismissed because the 67 day delay was relatively significant, the explanation based on lack of legal knowledge was inadequate and unsatisfactory, and the proposed appeal grounds had no reasonable prospect of success. The Federal Circuit Court disclosed no appealable error in holding that the Authority's adverse credibility findings were open on the material, that no unconsidered claim was identified, that Part 7AA did not require an invitation to comment or a hearing, and that the courts could not conduct merits review. The further affidavit material was not admitted because it was not before the decision-makers and did not bear on...

Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Migration Application for an Extension of Time to Appeal From a Federal Circuit Court of Australia Judicial Review Decision / Application for Extension of Time to Appeal
Outcome
Application for an extension of time dismissed.
Legal Topics
['extension of Time to Appeal' 'safe Haven Enterprise Visas' 'judicial Review' 'jurisdictional Error' 'adverse Credibility Findings' 'part 7 AA Review']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'safe Haven Enterprise Visas' 'judicial Review' 'jurisdictional Error' 'adverse Credibility Findings' 'part 7 AA Review']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time to Appeal From a Federal Circuit Court of Australia Judicial Review Decision / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether an extension of time should be granted where the applicants were 67 days out of time.' 'Whether the applicants provided a satisfactory explanation for the delay.' 'Whether the proposed grounds of appeal had reasonable prospects of success.' 'Whether the Federal Circuit Court erred in rejecting grounds alleging failure to consider claims and failure to give an opportunity to comment.' 'Whether new material not before the decision-makers could be admitted on the application.']

Ratio Decidendi

The application for an extension of time was dismissed because the 67 day delay was relatively significant, the explanation based on lack of legal knowledge was inadequate and unsatisfactory, and the proposed appeal grounds had no reasonable prospect of success. The Federal Circuit Court disclosed no appealable error in holding that the Authority's adverse credibility findings were open on the material, that no unconsidered claim was identified, that Part 7AA did not require an invitation to comment or a hearing, and that the courts could not conduct merits review. The further affidavit material was not admitted because it was not before the decision-makers and did not bear on...

Court Disposition

Application for an extension of time dismissed.

Orders

  • ['The name of the first respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'The application for an extension of time be dismissed.' 'The first applicant pay the costs of the first respondent fixed in the amount of $3000.']