CAP17 v Minister for Immigration and Border Protection [2020] FCA 708

Procedural Posture

Migration Application for Extension of Time to File a Proposed Notice of Appeal / Application for Leave to Extend Time to Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application for Constitutional Writs Alleging Jurisdictional Error by the Immigration Assessment Authority

Legal Issues

1. 1 ['Whether the applicant should be granted an extension of time to file the proposed notice of appeal 64 days out of time.' 'Whether any of the 10 proposed grounds of appeal raised a seriously arguable question of jurisdictional error by the Immigration Assessment Authority.' 'Whether new grounds not raised before the primary judge should be entertained.' "Whether the Immigration Assessment Authority failed to consider the applicant's claims cumulatively or in totality." 'Whether the Immigration Assessment Authority failed to give adequate consideration to complementary protection under s 36(2)(aa) of the Migration Act 1958 (Cth).' 'Whether the Immigration Assessment Authority misapplied s 473DE(3)(a) concerning new information and invitations to comment.' 'Whether the Immigration Assessment Authority acted with legal unreasonableness in relation to new information, credibility findings, or its reasoning process.' 'Whether the Immigration Assessment Authority denied procedural fairness by failing to disclose material or reasoning relevant to adverse credibility findings.' 'Whether the Immigration Assessment Authority failed to consider the possibility that the applicant would be imputed as having LTTE links or pro-LTTE views.']

Ratio Decidendi

The extension of time was refused because, even assuming the applicant could rely on all 10 proposed grounds, none raised an arguable question of jurisdictional error by the Immigration Assessment Authority. The IAA considered the applicant's claims and evidence, including complementary protection, country information, family LTTE connections, Tamil ethnicity, TNA work, illegal departure and return as an asylum seeker. The allegations concerning new information, legal unreasonableness, credibility, procedural fairness and imputed LTTE profile were either unsupported, unparticularised, contrary to the reasons, or based on information that could not have existed at the time of the IAA...

Court Disposition

The application for an extension of time to file the proposed notice of appeal was dismissed with costs.

Orders

• ['The application for an extension of time to file the proposed notice of appeal is dismissed.' 'The applicant pay the costs of the first respondent of and incidental to the application to be taxed or agreed.']