CKM16 v Minister for Immigration and Border Protection [2019] FCA 729

CKM16 v Minister for Immigration and Border Protection [2019] FCA 729

The grounds for appeal out of time are doomed to fail because the Authority was under no obligation to seek or translate new information, and it properly considered whether exceptional circumstances existed under the statutory scheme. The extension of time is refused as there is no proper basis for grant where the appeal is hopeless.

Jurisdiction
Australia
Judgment Date
21 May 2019
Procedural Posture
Migration Appeal (extension of Time Application) / Application for Extension of Time to Appeal – Judgment
Outcome
Application for extension of time refused (dismissed)
Legal Topics
['extension of Time to Appeal' 'safe Haven Enterprise Visa (shev) Refusal' 'jurisdictional Error' 'legal Unreasonableness' 'judicial Review' "admissibility of 'new Information'"]
['administrative Law' 'migration Law'] ['extension of Time to Appeal' 'safe Haven Enterprise Visa (shev) Refusal' 'jurisdictional Error' 'legal Unreasonableness' 'judicial Review' "admissibility of 'new Information'"]

Case Brief

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Procedural Posture

Migration Appeal (extension of Time Application) / Application for Extension of Time to Appeal – Judgment

Legal Issues

  1. 1 ['Whether the extension of time to appeal should be granted for judicial review of a protection visa refusal' "Whether there was legal unreasonableness or jurisdictional error by the Immigration Assessment Authority in its handling of 'new information' and refusal to seek or translate it" 'Whether the Authority misconstrued s 473DC and s 473DD of the Migration Act 1958 (Cth) regarding exceptional circumstances for considering new information']

Ratio Decidendi

The grounds for appeal out of time are doomed to fail because the Authority was under no obligation to seek or translate new information, and it properly considered whether exceptional circumstances existed under the statutory scheme. The extension of time is refused as there is no proper basis for grant where the appeal is hopeless.

Court Disposition

Application for extension of time refused (dismissed)

Orders

  • ['The application for an extension of time in which to bring an appeal from the orders made on 31 October 2018 by the Federal Circuit Court of Australia be refused.' "The applicant pay the first respondent's costs as assessed or agreed."]