CLG17 v Minister for Home Affairs [2018] FCA 1247

CLG17 v Minister for Home Affairs [2018] FCA 1247

The appellant's proposed ground of appeal was not particularised or developed in submissions, the alleged relevant considerations not considered by the Tribunal were not apparent, and no other error in the Tribunal's decision or the Federal Circuit Court judgment could be identified. The proposed appeal therefore had no prospect of success, so the extension of time application was dismissed with costs.

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Migration Application for Extension of Time to File a Notice of Appeal From a Federal Circuit Court Judgment Refusing Review of a Protection Visa Decision / Application for Extension of Time
Outcome
The application for an extension of time to file a notice of appeal was dismissed with costs.
Legal Topics
['protection Visa' 'extension of Time to Appeal' 'jurisdictional Error' 'merits Review' 'credibility Findings']
['migration' 'administrative Law'] ['protection Visa' 'extension of Time to Appeal' 'jurisdictional Error' 'merits Review' 'credibility Findings']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File a Notice of Appeal From a Federal Circuit Court Judgment Refusing Review of a Protection Visa Decision / Application for Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file a notice of appeal against the Federal Circuit Court judgment' 'Whether the proposed appeal had sufficient merit or prospects of success' 'Whether the Tribunal failed to consider relevant considerations when assessing the protection visa criteria' 'Whether any appellable error by the Federal Circuit Court or jurisdictional error by the Tribunal was identified']

Ratio Decidendi

The appellant's proposed ground of appeal was not particularised or developed in submissions, the alleged relevant considerations not considered by the Tribunal were not apparent, and no other error in the Tribunal's decision or the Federal Circuit Court judgment could be identified. The proposed appeal therefore had no prospect of success, so the extension of time application was dismissed with costs.

Court Disposition

The application for an extension of time to file a notice of appeal was dismissed with costs.

Orders

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