CNU17 v Minister for Immigration and Border Protection [2018] FCA 1301

An arguable case exists that the Tribunal's refusal to receive potentially corroborative evidence amounted to a transgression of its obligations in the conduct of review, warranting the granting of an extension of time for appeal.

Parties: Applicant: CNU17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 07 August 2018
Procedural Posture: Application for Extension of Time / Extension of Time Decision
Outcome: Extension of time granted
Legal Topics: Extension of Time, Procedural Fairness, Jurisdictional Error, Protection Visa

Administrative and Constitutional Law and Human Rights Extension of Time Procedural Fairness Jurisdictional Error Protection Visa

Case Brief

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Parties

CNU17

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time / Extension of Time Decision

Legal Issues

1 Whether there are prospects of success warranting an extension of time
2 Whether the Tribunal denied procedural fairness by refusing to accept evidence
3 Whether the Tribunal committed jurisdictional error

Ratio Decidendi

Court Disposition

Extension of time granted

Orders

The time within which a notice of appeal against the judgment of the Federal Circuit Court delivered on 24 November 2017 may be filed, be extended to close of business on Friday 10 August 2018.
The costs of and incidental to the extension of time application be costs in the appeal.