CDW16 v Minister for Immigration and Border Protection [2017] FCA 468

CDW16 v Minister for Immigration and Border Protection [2017] FCA 468

The application for an extension of time and leave to appeal was dismissed because none of the proposed grounds of appeal had merit, no reviewable error by the Tribunal or appellable error by the primary judge was identified, and the Federal Circuit Court decision was not attended with sufficient doubt to warrant the grant of leave to appeal. Granting an extension of time would therefore be futile, and the applicant's inadequate explanation for the 11-day delay provided an additional reason to refuse the extension.

Jurisdiction
Australia
Judgment Date
04 May 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal From an Interlocutory Judgment in Migration Judicial Review Proceedings / Federal Court Application for Extension of Time and Leave to Appeal From Federal Circuit Court Dismissal Under R 44.12 of the Federal Circuit Court Rules 2001 (cth)
Outcome
The applicant's application for an extension of time and leave to appeal was dismissed, with costs awarded to the first respondent.
Legal Topics
['extension of Time' 'leave to Appeal Interlocutory Judgment' 'judicial Review of Administrative Appeals Tribunal Decision' 'protection Visa Refusal' 'procedural Fairness' 'section 424 a Notice' 'credibility Findings' 'jurisdictional Error']
['practice and Procedure' 'migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal Interlocutory Judgment' 'judicial Review of Administrative Appeals Tribunal Decision' 'protection Visa Refusal' 'procedural Fairness' 'section 424 a Notice' 'credibility Findings' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From an Interlocutory Judgment in Migration Judicial Review Proceedings / Federal Court Application for Extension of Time and Leave to Appeal From Federal Circuit Court Dismissal Under R 44.12 of the Federal Circuit Court Rules 2001 (cth)

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file an application for leave to appeal.' 'Whether leave to appeal should be granted from the interlocutory judgment of the Federal Circuit Court.' "Whether the primary judge's decision was attended with sufficient doubt to warrant reconsideration by an appellate court." 'Whether the proposed grounds disclosed any arguable error concerning procedural fairness, s 424A of the Migration Act 1958 (Cth), credibility findings, irrationality, unreasonableness, or prejudgment.' 'Whether the applicant gave an adequate explanation for filing 11 days out of time.']

Ratio Decidendi

The application for an extension of time and leave to appeal was dismissed because none of the proposed grounds of appeal had merit, no reviewable error by the Tribunal or appellable error by the primary judge was identified, and the Federal Circuit Court decision was not attended with sufficient doubt to warrant the grant of leave to appeal. Granting an extension of time would therefore be futile, and the applicant's inadequate explanation for the 11-day delay provided an additional reason to refuse the extension.

Court Disposition

The applicant's application for an extension of time and leave to appeal was dismissed, with costs awarded to the first respondent.

Orders

  • ["The applicant's application for an extension of time and leave to appeal be dismissed." "The applicant pay the first respondent's costs."]