AMW15 v Minister for Immigration and Border Protection [2018] FCA 118

AMW15 v Minister for Immigration and Border Protection [2018] FCA 118

Although the delay was not substantial, the Minister would not suffer prejudice, and written reasons below were not published until after the appeal period expired, the application was dismissed because none of the proposed grounds of appeal had reasonable prospects of success. The grounds did not identify error by the primary judge, were expressed at a high level of generality, did not establish any arguable jurisdictional error by the Tribunal, and impermissibly sought to re-agitate the factual merits of the protection visa claim.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Migration Application for Extension of Time Within Which to Seek Leave to Appeal / Application for an Extension of Time Within Which to Seek Leave to Appeal From the Federal Circuit Court Decision Dismissing an Application to Reinstate Judicial Review Proceedings
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'complementary Protection' 'reinstatement of Proceedings']
['migration' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'complementary Protection' 'reinstatement of Proceedings']

Case Brief

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Procedural Posture

Migration Application for Extension of Time Within Which to Seek Leave to Appeal / Application for an Extension of Time Within Which to Seek Leave to Appeal From the Federal Circuit Court Decision Dismissing an Application to Reinstate Judicial Review Proceedings

Legal Issues

  1. 1 ['Whether an extension of time should be granted to seek leave to appeal from the Federal Circuit Court decision.' 'Whether the proposed appeal had reasonable prospects of success.' 'Whether the primary judge erred in refusing to reinstate the judicial review proceeding.' "Whether the Tribunal's decision disclosed jurisdictional error, including denial of procedural fairness, application of the wrong test, failure to consider claims or country information, or failure to consider s 424A of the Migration Act 1958 (Cth)."]

Ratio Decidendi

Although the delay was not substantial, the Minister would not suffer prejudice, and written reasons below were not published until after the appeal period expired, the application was dismissed because none of the proposed grounds of appeal had reasonable prospects of success. The grounds did not identify error by the primary judge, were expressed at a high level of generality, did not establish any arguable jurisdictional error by the Tribunal, and impermissibly sought to re-agitate the factual merits of the protection visa claim.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time within which to seek leave to appeal from the decision of the Federal Circuit Court is dismissed.' "The applicant is to pay the first respondent's costs as agreed or assessed."]