AKI17 v Minister for Immigration and Border Protection [2018] FCA 741

AKI17 v Minister for Immigration and Border Protection [2018] FCA 741

The applicant did not apply to reinstate his Tribunal review application within 14 days after being notified that it had been dismissed for non-attendance. Under the statutory scheme, the Tribunal was obliged to confirm the dismissal and had no lawful ability to do otherwise. The applicant's proposed appeal grounds concerning his persecution claims and explanations did not address that statutory scheme or disclose error by the Tribunal or the Federal Circuit Court, so there was not a sufficient prospect of success to warrant an extension of time.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Application for Extension of Time to File a Notice of Appeal From a Decision of the Federal Circuit Court of Australia / Federal Court Application for Extension of Time
Outcome
Application for extension of time refused; applicant ordered to pay the First Respondent's costs of the application.
Legal Topics
['protection Visa Application' 'non Appearance Before the Tribunal' 'dismissal of Tribunal Review Application' 'reinstatement of Dismissed Tribunal Application' 'extension of Time to Appeal' 'jurisdictional Error']
['migration' 'administrative Law'] ['protection Visa Application' 'non Appearance Before the Tribunal' 'dismissal of Tribunal Review Application' 'reinstatement of Dismissed Tribunal Application' 'extension of Time to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal From a Decision of the Federal Circuit Court of Australia / Federal Court Application for Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file a notice of appeal from the Federal Circuit Court of Australia decision made on 17 October 2017' "Whether the Tribunal was empowered to dismiss the applicant's review application for non-appearance" 'Whether the proposed appeal had sufficient prospects of success, including by showing error by the Tribunal or the Federal Circuit Court']

Ratio Decidendi

The applicant did not apply to reinstate his Tribunal review application within 14 days after being notified that it had been dismissed for non-attendance. Under the statutory scheme, the Tribunal was obliged to confirm the dismissal and had no lawful ability to do otherwise. The applicant's proposed appeal grounds concerning his persecution claims and explanations did not address that statutory scheme or disclose error by the Tribunal or the Federal Circuit Court, so there was not a sufficient prospect of success to warrant an extension of time.

Court Disposition

Application for extension of time refused; applicant ordered to pay the First Respondent's costs of the application.

Orders

  • ['The application for an extension of time be refused.' "The Applicant pay the First Respondent's costs of the application."]