BXU16 v Minister for Immigration and Border Protection [2018] FCA 1897

BXU16 v Minister for Immigration and Border Protection [2018] FCA 1897

The application for leave to appeal was refused because the proposed grounds lacked merit. The Authority's reasons showed that it considered the applicant's claims as a failed asylum seeker and returnee from the west, including the relevant DFAT material, and dealt with the submissions about Hazara ethnicity, Shia religion, western education and imputed political opinion. The Federal Circuit Court's refusal of leave to amend was therefore not attended by sufficient doubt to warrant reconsideration, and no substantial injustice would result from refusing leave.

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application in the Federal Court for an Extension of Time Within Which to File an Application for Leave to Appeal From Orders of the Federal Circuit Court
Outcome
Extension of time granted; application for leave to appeal refused with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'interlocutory Order Refusing Leave to Amend' 'immigration Assessment Authority' 'failure to Consider Review Material' 'substantial and Clearly Articulated Submissions' 'jurisdictional Error']
['practice and Procedure' 'migration' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'interlocutory Order Refusing Leave to Amend' 'immigration Assessment Authority' 'failure to Consider Review Material' 'substantial and Clearly Articulated Submissions' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Application in the Federal Court for an Extension of Time Within Which to File an Application for Leave to Appeal From Orders of the Federal Circuit Court

Legal Issues

  1. 1 ['Whether time should be extended to file an application for leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's refusal to allow an amended application on the day of the final hearing." 'Whether the Immigration Assessment Authority failed to consider material in the September 2015 DFAT report concerning returnees from western countries to Afghanistan.' "Whether the Immigration Assessment Authority failed to deal with a substantial, clearly articulated argument concerning the applicant's Hazara ethnicity, Shia religion, western education and imputed political opinion."]

Ratio Decidendi

The application for leave to appeal was refused because the proposed grounds lacked merit. The Authority's reasons showed that it considered the applicant's claims as a failed asylum seeker and returnee from the west, including the relevant DFAT material, and dealt with the submissions about Hazara ethnicity, Shia religion, western education and imputed political opinion. The Federal Circuit Court's refusal of leave to amend was therefore not attended by sufficient doubt to warrant reconsideration, and no substantial injustice would result from refusing leave.

Court Disposition

Extension of time granted; application for leave to appeal refused with costs.

Orders

  • ['The application for an extension of time within which to file an application for leave to appeal is granted.' 'The application for leave to appeal is refused with costs.']