CCC18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 183

CCC18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 183

The application for extension of time was refused because the substantive prospects of appeal lacked merit. The Federal Circuit Court correctly applied relevant principles, provided procedural fairness, and no jurisdictional error or error in the treatment of evidence was established. Even if the extension were granted, leave to appeal would also be refused for lack of merit.

Parties
Applicant: CCC18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
25 February 2020
Procedural Posture
Application for Extension of Time and Leave to Appeal / Decision on Extension of Time and Leave to Appeal
Outcome
Application for extension of time refused; leave to appeal would also have been refused if reached.
Legal Topics
Extension of Time, Leave to Appeal, Procedural Fairness, Jurisdictional Error
Administrative Law Extension of Time Leave to Appeal Procedural Fairness Jurisdictional Error

Case Brief

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Parties

CCC18

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether the Federal Circuit Court erred in refusing reinstatement by failing to consider all relevant material

Ratio Decidendi

The application for extension of time was refused because the substantive prospects of appeal lacked merit. The Federal Circuit Court correctly applied relevant principles, provided procedural fairness, and no jurisdictional error or error in the treatment of evidence was established. Even if the extension were granted, leave to appeal would also be refused for lack of merit.

Court Disposition

Application for extension of time refused; leave to appeal would also have been refused if reached.

Orders

  • The application for an extension of time in which to file an appeal is refused.
  • The applicant is to pay the costs of the first respondent in the sum of $2500.