BRT19 v Minister for Home Affairs [2020] FCA 449

BRT19 v Minister for Home Affairs [2020] FCA 449

The applicant failed to establish that the decision of the Federal Circuit Court was attended by sufficient doubt to warrant an extension of time or leave to appeal. The purported grounds were found to have no reasonable prospect of success; the application mostly sought an impermissible merits review of Tribunal findings, and the receipt of fresh evidence was inappropriate. Accordingly, the application for an extension of time was dismissed.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time dismissed, with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'jurisdictional Error' 'merits Review' 'protection Visa' 'factual Findings and Credibility' 'adjournment Applications']
['administrative Law' 'immigration Law' 'practice and Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'jurisdictional Error' 'merits Review' 'protection Visa' 'factual Findings and Credibility' 'adjournment Applications']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ["Whether an extension of time should be granted for filing an appeal against the Federal Circuit Court's decision" 'Whether leave to appeal should be granted where there is no reasonable prospect of success' 'Whether the Federal Circuit Court or the Federal Court has jurisdiction to consider merits review or only jurisdictional error' 'Whether new evidence not before the Tribunal or primary judge can be received on appeal']

Ratio Decidendi

The applicant failed to establish that the decision of the Federal Circuit Court was attended by sufficient doubt to warrant an extension of time or leave to appeal. The purported grounds were found to have no reasonable prospect of success; the application mostly sought an impermissible merits review of Tribunal findings, and the receipt of fresh evidence was inappropriate. Accordingly, the application for an extension of time was dismissed.

Court Disposition

Application for extension of time dismissed, with costs.

Orders

  • ['The application for an extension of time in which to file the appeal is dismissed.' 'The applicant is to pay the costs of the respondent in the sum of $3500.']