CEV15 v Minister for Immigration and Border Protection [2017] FCA 976

CEV15 v Minister for Immigration and Border Protection [2017] FCA 976

Although the delay was relatively short, the Minister identified no prejudice, and the applicant gave a reasonable explanation for the delay because written reasons were published after the appeal period expired, the proposed appeal had no reasonable prospects of success. The draft grounds and oral submissions did not identify any arguable jurisdictional error by the Tribunal or the Federal Circuit Court, but instead challenged the Tribunal's credibility findings and sought merits review, which the Court could not undertake. It was therefore not in the interests of justice to grant an extension of time.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Migration Application for an Extension of Time to Appeal / Application Under Rule 36.05 of the Federal Court Rules 2011 (cth) for an Extension of Time to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of a Tribunal Decision
Outcome
The application for an extension of time was dismissed.
Legal Topics
['protection Visa' 'extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'refugee Convention Criterion' 'complementary Protection' 'credibility Findings']
['migration Law' 'administrative Law'] ['protection Visa' 'extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'refugee Convention Criterion' 'complementary Protection' 'credibility Findings']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time to Appeal / Application Under Rule 36.05 of the Federal Court Rules 2011 (cth) for an Extension of Time to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of a Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal under rule 36.05 of the Federal Court Rules 2011 (Cth).' 'Whether the proposed appeal had reasonable prospects of success.' 'Whether the Tribunal or the Federal Circuit Court made or failed to identify jurisdictional error in relation to the protection visa claims under s 36(2)(a) or s 36(2)(aa) of the Migration Act 1958 (Cth).']

Ratio Decidendi

Although the delay was relatively short, the Minister identified no prejudice, and the applicant gave a reasonable explanation for the delay because written reasons were published after the appeal period expired, the proposed appeal had no reasonable prospects of success. The draft grounds and oral submissions did not identify any arguable jurisdictional error by the Tribunal or the Federal Circuit Court, but instead challenged the Tribunal's credibility findings and sought merits review, which the Court could not undertake. It was therefore not in the interests of justice to grant an extension of time.

Court Disposition

The application for an extension of time was dismissed.

Orders

  • ['The application for an extension of time is dismissed.' 'The applicant is to pay the costs of the first respondent as agreed or assessed.']