BQH15 v Minister for Immigration and Border Protection [2018] FCA 159

BQH15 v Minister for Immigration and Border Protection [2018] FCA 159

Although the delay was minimal and there was no suggestion of prejudice to the Minister, the proposed appeal was hopeless because the Tribunal had considered and rejected the claim that the applicant feared being interrogated, tortured and killed by Sri Lankan authorities, and the applicant identified no appealable error in the Federal Circuit Court judge's decision.

Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Migration Application for Extension of Time to File Notice of Appeal / Application for Extension of Time From a Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Application for an extension of time to appeal refused with costs.
Legal Topics
['extension of Time to Appeal' 'protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'failure to Consider a Claim']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'failure to Consider a Claim']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File Notice of Appeal / Application for Extension of Time From a Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether time should be extended by one day for the applicant to file a notice of appeal from the Federal Circuit Court decision.' "Whether the proposed appeal had sufficient merit, including whether the Federal Circuit Court judge erred in concluding that the Tribunal considered and rejected the applicant's claim that he would be interrogated, tortured and killed by Sri Lankan authorities."]

Ratio Decidendi

Although the delay was minimal and there was no suggestion of prejudice to the Minister, the proposed appeal was hopeless because the Tribunal had considered and rejected the claim that the applicant feared being interrogated, tortured and killed by Sri Lankan authorities, and the applicant identified no appealable error in the Federal Circuit Court judge's decision.

Court Disposition

Application for an extension of time to appeal refused with costs.

Orders

  • ['The application for an extension of time to appeal is refused.' "The applicant pay the first respondent's costs."]