AYM15 v Minister for Immigration and Border Protection [2016] FCA 583

AYM15 v Minister for Immigration and Border Protection [2016] FCA 583

The application was dismissed because the applicant did not fully explain the delay beyond the period he mistakenly believed applied, and the proposed appeal had no prospects of success. The proposed grounds did not identify arguable error by the primary judge, the complaints about Sri Lanka, credibility and the applicant's brother sought impermissible merits review, and there was no arguable basis to disturb the finding that the Tribunal had not breached procedural fairness or otherwise committed jurisdictional error.

Jurisdiction
Australia
Judgment Date
26 May 2016
Procedural Posture
Application for Extension of Time and Leave to Appeal From Judgment of the Federal Circuit Court of Australia / Federal Court Application for Extension of Time and Leave to Appeal
Outcome
The application for an extension of time and leave to appeal was dismissed with costs payable to the first respondent.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'protection Visa' 'procedural Fairness' 'jurisdictional Error' 'impermissible Merits Review']
['practice and Procedure' 'migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'protection Visa' 'procedural Fairness' 'jurisdictional Error' 'impermissible Merits Review']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From Judgment of the Federal Circuit Court of Australia / Federal Court Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file an application for leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory dismissal of the judicial review application." 'Whether the proposed appeal had sufficient prospects of success, including whether the primary judge arguably erred in finding no procedural fairness breach or jurisdictional error.' 'Whether the hearing should be adjourned to allow the applicant to obtain legal representation.']

Ratio Decidendi

The application was dismissed because the applicant did not fully explain the delay beyond the period he mistakenly believed applied, and the proposed appeal had no prospects of success. The proposed grounds did not identify arguable error by the primary judge, the complaints about Sri Lanka, credibility and the applicant's brother sought impermissible merits review, and there was no arguable basis to disturb the finding that the Tribunal had not breached procedural fairness or otherwise committed jurisdictional error.

Court Disposition

The application for an extension of time and leave to appeal was dismissed with costs payable to the first respondent.

Orders

  • ['The application for an extension of time and leave to appeal filed on 21 December 2015 be dismissed.' "The applicant pay the first respondent's costs of the application for an extension of time and leave to appeal."]