CNB16 v Minister for Immigration and Border Protection [2019] FCA 2069

CNB16 v Minister for Immigration and Border Protection [2019] FCA 2069

The application for extension of time was dismissed because the sole proposed ground of appeal—that the Tribunal erred in assessing the applicant's chance of persecution and engaged in illogical reasoning—had insufficient merit, as the Tribunal properly considered individual circumstances and relevant country information, and the reasoning was open to it.

Parties
Applicant: CNB16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
02 December 2019
Procedural Posture
Migration – Application for Extension of Time to Appeal / Application for Extension of Time to File Appeal After Dismissal of Judicial Review by Federal Circuit Court
Outcome
Application for extension of time dismissed
Legal Topics
Protection Visas, Judicial Review, Extension of Time, Well Founded Fear of Persecution, Real Chance Test
Migration Protection Visas Judicial Review Extension of Time Well Founded Fear of Persecution Real Chance Test

Case Brief

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Parties

CNB16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration – Application for Extension of Time to Appeal / Application for Extension of Time to File Appeal After Dismissal of Judicial Review by Federal Circuit Court

Legal Issues

  1. 1 Whether the Tribunal misapplied the relevant test in assessing chance of persecution if returned to Pakistan
  2. 2 Whether the Tribunal engaged in illogical or irrational reasoning regarding an alleged 2008 incident in Pakistan
  3. 3 Whether the application for extension of time should be granted given the merits of the proposed ground of appeal

Ratio Decidendi

The application for extension of time was dismissed because the sole proposed ground of appeal—that the Tribunal erred in assessing the applicant's chance of persecution and engaged in illogical reasoning—had insufficient merit, as the Tribunal properly considered individual circumstances and relevant country information, and the reasoning was open to it.

Court Disposition

Application for extension of time dismissed

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs of and incidental to the appeal.