CDB17 v Minister for Immigration and Border Protection [2018] FCA 1344

CDB17 v Minister for Immigration and Border Protection [2018] FCA 1344

The application for an extension of time was refused because the proposed grounds of appeal lacked merit; they merely challenged the merits and factual findings of the Authority and did not disclose appealable errors or grounds of review with sufficient prospect of success.

Parties
Applicant: CDB17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
29 August 2018
Procedural Posture
Application for Extension of Time to Appeal / Dismissal Following Hearing
Outcome
application dismissed with costs
Legal Topics
Extension of Time to Appeal, Judicial Review, Jurisdictional Error, Protection Visa, Adverse Credibility Findings
Administrative and Constitutional Law Migration Law Human Rights Extension of Time to Appeal Judicial Review Jurisdictional Error Protection Visa Adverse Credibility Findings

Case Brief

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Parties

CDB17

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Dismissal Following Hearing

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file a notice of appeal from the Federal Circuit Court's dismissal of his application for judicial review
  2. 2 Whether the proposed grounds of appeal disclose any appealable errors or grounds of review with sufficient prospects of success

Ratio Decidendi

The application for an extension of time was refused because the proposed grounds of appeal lacked merit; they merely challenged the merits and factual findings of the Authority and did not disclose appealable errors or grounds of review with sufficient prospect of success.

Court Disposition

application dismissed with costs

Orders

  • The application for an extension of time be dismissed with costs as agreed or as assessed.