CTY15 v Minister for Immigration and Border Protection [2017] FCA 1354

CTY15 v Minister for Immigration and Border Protection [2017] FCA 1354

Although the delay was not insignificant and the explanation for it was unsatisfactory, there was no prejudice to the Minister, the consequences for the applicants if refused were serious, and the proposed appeal could not be said at a reasonably impressionistic level to lack reasonable prospects of success. It was therefore fair and equitable to grant an extension of time to appeal.

Jurisdiction
Australia
Judgment Date
20 November 2017
Procedural Posture
Migration Application for Extension of Time to Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Application for Extension of Time Allowed
Outcome
Application for extension of time allowed.
Legal Topics
['protection Visas' 'extension of Time to Appeal' 'judicial Review' 'federal Court Rules' 'particular Social Group' 'iranian Women and Islamic Dress Code']
['migration Law' 'administrative Law'] ['protection Visas' 'extension of Time to Appeal' 'judicial Review' 'federal Court Rules' 'particular Social Group' 'iranian Women and Islamic Dress Code']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Application for Extension of Time Allowed

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to file and serve a notice of appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal lacked any reasonable prospect of success.' "Whether the second applicant's claims could reasonably be construed as claims based on membership of a particular social group comprising women in Iran who do not wish to abide by strict Islamic dress codes."]

Ratio Decidendi

Although the delay was not insignificant and the explanation for it was unsatisfactory, there was no prejudice to the Minister, the consequences for the applicants if refused were serious, and the proposed appeal could not be said at a reasonably impressionistic level to lack reasonable prospects of success. It was therefore fair and equitable to grant an extension of time to appeal.

Court Disposition

Application for extension of time allowed.

Orders

  • ['The application for an extension of time under rule 36.05 of the Federal Court Rules 2011 to file a notice of appeal from the judgment of the Federal Circuit Court of Australia is allowed.' 'On or before 4pm on 22 November 2017, the applicant is to file and serve a notice of appeal in terms of annexure "CTY15-5"...