BVD15 v Minister for Immigration and Border Protection [2017] FCA 133

BVD15 v Minister for Immigration and Border Protection [2017] FCA 133

The application for an extension of time and leave to appeal was dismissed because the applicant failed to appear and, in any event, the proposed appeal had no arguable merit. The draft grounds were unparticularised and content-free; the Tribunal had considered the applicant's claims about Maoists, political affiliation, return to Nepal, passport exit issues, and delay in seeking protection; its adverse credibility findings were open; there was no basis to conclude that the Tribunal denied natural justice or committed jurisdictional error; and the Federal Circuit Court did not err in dismissing the reinstatement application.

Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal in a Migration Matter / Federal Court Application From a Federal Circuit Court Judgment Dismissing an Application to Reinstate Judicial Review Proceedings
Outcome
The applicant's application for an extension of time and leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'complementary Protection' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'extension of Time' 'leave to Appeal' 'non Appearance']
['migration Law' 'administrative Law'] ['protection Visa' 'complementary Protection' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'extension of Time' 'leave to Appeal' 'non Appearance']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal in a Migration Matter / Federal Court Application From a Federal Circuit Court Judgment Dismissing an Application to Reinstate Judicial Review Proceedings

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time and leave to appeal from the Federal Circuit Court judgment of 11 August 2016' 'Whether the proposed grounds of appeal disclosed an arguable error by the Federal Circuit Court' 'Whether the Tribunal arguably committed jurisdictional error by denying natural justice, overlooking claims, making adverse credibility findings, or failing to consider claimed risks on return to Nepal' "Whether the application should be dismissed due to the applicant's non-appearance"]

Ratio Decidendi

The application for an extension of time and leave to appeal was dismissed because the applicant failed to appear and, in any event, the proposed appeal had no arguable merit. The draft grounds were unparticularised and content-free; the Tribunal had considered the applicant's claims about Maoists, political affiliation, return to Nepal, passport exit issues, and delay in seeking protection; its adverse credibility findings were open; there was no basis to conclude that the Tribunal denied natural justice or committed jurisdictional error; and the Federal Circuit Court did not err in dismissing the reinstatement application.

Court Disposition

The applicant's application for an extension of time and leave to appeal was dismissed with costs.

Orders

  • ["The applicant's application for an extension of time and leave to appeal filed on 15 September 2016 is dismissed." 'The applicant pay the costs of the first respondent of and incidental to the application fixed in an amount of $3,200.00.']