BNV15 v Minister for Immigration and Border Protection [2017] FCA 1048

BNV15 v Minister for Immigration and Border Protection [2017] FCA 1048

The extension of time was refused because the application was filed 286 days late, far beyond the 21 day period in r 36.03, the applicant provided no satisfactory explanation for the full delay, and the proposed grounds did not identify any appellable error by the Federal Circuit Court or otherwise lacked sufficient merit, including because several grounds were unparticularised or newly raised without adequate explanation.

Jurisdiction
Australia
Judgment Date
04 September 2017
Procedural Posture
Application for an Extension of Time Within Which to Appeal / Federal Court Application for Extension of Time to Appeal From Orders of the Federal Circuit Court Dismissing Judicial Review of an International Treaties Obligation Assessment
Outcome
Application for extension of time refused with costs.
Legal Topics
['extension of Time to Appeal' 'protection Visa Criterion' 'international Treaties Obligation Assessment' 'non Refoulement Obligations' 'jurisdictional Error' 'country Information Evidence']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['extension of Time to Appeal' 'protection Visa Criterion' 'international Treaties Obligation Assessment' 'non Refoulement Obligations' 'jurisdictional Error' 'country Information Evidence']

Case Brief

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Procedural Posture

Application for an Extension of Time Within Which to Appeal / Federal Court Application for Extension of Time to Appeal From Orders of the Federal Circuit Court Dismissing Judicial Review of an International Treaties Obligation Assessment

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time under r 36.05 of the Federal Court Rules 2011 (Cth) to appeal from the Federal Circuit Court judgment delivered on 7 April 2016' 'Whether the applicant provided a satisfactory explanation for filing the application 286 days outside the 21 day period permitted by r 36.03 of the Federal Court Rules 2011 (Cth)' 'Whether the proposed grounds of appeal disclosed any appellable error by the Federal Circuit Court' 'Whether leave should be granted to raise new grounds concerning the Sri Lankan Prevention of Terrorism Act and country information']

Ratio Decidendi

The extension of time was refused because the application was filed 286 days late, far beyond the 21 day period in r 36.03, the applicant provided no satisfactory explanation for the full delay, and the proposed grounds did not identify any appellable error by the Federal Circuit Court or otherwise lacked sufficient merit, including because several grounds were unparticularised or newly raised without adequate explanation.

Court Disposition

Application for extension of time refused with costs.

Orders

  • ['The application for extension of time is refused.' 'The applicant pay the costs of the first respondent, to be assessed if not agreed.']