CIB17 v Minister for Immigration and Border Protection [2019] FCA 769

CIB17 v Minister for Immigration and Border Protection [2019] FCA 769

The application for an extension of time was refused because there was no realistic prospect of success; the Authority had addressed all relevant claims including the alleged imputation of LTTE involvement and found the applicant not at risk, and no jurisdictional error could be established.

Parties
Applicant: CIB17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Judicial Review, Protection Visas
Migration Law Administrative Law Extension of Time to Appeal Judicial Review Protection Visas

Case Brief

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Parties

CIB17

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal from the Federal Circuit Court orders
  2. 2 Whether the Notice of Appeal reveals an arguable case of jurisdictional error

Ratio Decidendi

The application for an extension of time was refused because there was no realistic prospect of success; the Authority had addressed all relevant claims including the alleged imputation of LTTE involvement and found the applicant not at risk, and no jurisdictional error could be established.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time to appeal is refused.
  • The applicant pays the first respondent's costs as assessed or agreed.