CDJ16 v Minister for Immigration and Border Protection [2019] FCA 220

CDJ16 v Minister for Immigration and Border Protection [2019] FCA 220

The Authority did in fact consider the applicant’s claim that he may become destitute upon return to Lebanon and rejected it. The applicant's proposed appeal ground had no prospect of success. Accordingly, the application for an extension of time was dismissed.

Parties
Applicant: CDJ16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
22 February 2019
Procedural Posture
Application for Extension of Time to Appeal / Application Dismissed
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Extension of Time, Judicial Review, Prospects of Appeal, Safe Haven Enterprise Visa, Immigration Assessment Authority
Migration Extension of Time Judicial Review Prospects of Appeal Safe Haven Enterprise Visa Immigration Assessment Authority

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Parties

CDJ16

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Application Dismissed

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether the applicant's proposed ground of appeal had prospects of success
  3. 3 Whether the Authority failed to consider the applicant's claim of risk of destitution

Ratio Decidendi

The Authority did in fact consider the applicant’s claim that he may become destitute upon return to Lebanon and rejected it. The applicant's proposed appeal ground had no prospect of success. Accordingly, the application for an extension of time was dismissed.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • The application for an extension of time within which to file a notice of appeal is dismissed.
  • The applicant pay the first respondent's costs of the application.