EQG18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2045

EQG18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2045

The extension of time was refused because, although the delay was very short and any prejudice to the Minister would principally be the expense of meeting an appeal, the applicants identified no legal error in the Federal Circuit Court's decision and no proposed ground of appeal had sufficient merit. The Federal Circuit Court correctly concluded that the Tribunal made no jurisdictional error, and the Tribunal's adverse credibility findings were reasonably open on the inconsistencies and material before it.

Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Application for Extension of Time to Appeal From a Judgment of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal / Application for Extension of Time Dismissed
Outcome
Application for extension of time dismissed.
Legal Topics
['protection Visa' 'extension of Time to Appeal' 'judicial Review' 'administrative Appeals Tribunal' 'jurisdictional Error' 'credibility Findings' 'litigation Representative']
['migration' 'administrative Law'] ['protection Visa' 'extension of Time to Appeal' 'judicial Review' 'administrative Appeals Tribunal' 'jurisdictional Error' 'credibility Findings' 'litigation Representative']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal From a Judgment of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal / Application for Extension of Time Dismissed

Legal Issues

  1. 1 ["Whether the applicants should be granted an extension of time to appeal from the Federal Circuit Court's dismissal of their judicial review application." 'Whether any proposed ground of appeal had sufficient prospects of success to warrant an extension of time.' "Whether the Tribunal's adverse credibility findings involved jurisdictional error." 'Whether the first applicant should be appointed litigation representative for the third applicant.']

Ratio Decidendi

The extension of time was refused because, although the delay was very short and any prejudice to the Minister would principally be the expense of meeting an appeal, the applicants identified no legal error in the Federal Circuit Court's decision and no proposed ground of appeal had sufficient merit. The Federal Circuit Court correctly concluded that the Tribunal made no jurisdictional error, and the Tribunal's adverse credibility findings were reasonably open on the inconsistencies and material before it.

Court Disposition

Application for extension of time dismissed.

Orders

  • ['For the purposes of the application for an extension of time and any consequential appeal, the first applicant EQG18 be appointed as litigation representative for the third applicant EQI18, who is the child of the first applicant EQG18 and the second applicant EQH18.' 'The requirements of the Federal Court Rules...