CNW15 v Minister for Immigration and Border Protection [2018] FCA 849

CNW15 v Minister for Immigration and Border Protection [2018] FCA 849

The extension of time was refused because the delay was substantial, the explanation for delay was unsatisfactory, the applicant sought to raise proposed grounds not argued in the Federal Circuit Court and would need leave to do so, and the proposed appeal was not reasonably arguable. The Tribunal had addressed the country information and the applicant's claims concerning risk as a Hazara and as a failed asylum seeker, and its conclusions were open on the evidence; it did not require the applicant to modify his conduct but made findings about what he was likely to do.

Jurisdiction
Australia
Judgment Date
07 June 2018
Procedural Posture
Migration; Application for Extension of Time Within Which to Appeal From a Decision of the Federal Circuit Court / Application for Extension of Time to Appeal
Outcome
Application for an extension of time within which to appeal refused.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal' 'refugee Review Tribunal' 'administrative Appeals Tribunal' 'federal Circuit Court Appeal' 'hazara Ethnicity' 'failed Asylum Seeker' 'section 425 Hearing Obligation']
['migration' 'administrative Law' 'practice and Procedure'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal' 'refugee Review Tribunal' 'administrative Appeals Tribunal' 'federal Circuit Court Appeal' 'hazara Ethnicity' 'failed Asylum Seeker' 'section 425 Hearing Obligation']

Case Brief

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Procedural Posture

Migration; Application for Extension of Time Within Which to Appeal From a Decision of the Federal Circuit Court / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to appeal from orders of the Federal Circuit Court made on 13 October 2016.' 'Whether the substantial delay of approximately 10 and-a-half months was satisfactorily explained.' 'Whether the proposed appeal was reasonably arguable where the applicant sought to raise matters not raised in the Federal Circuit Court.' 'Whether the Tribunal committed jurisdictional error in assessing the risk of serious harm to the applicant in Afghanistan by reason of his Hazara ethnicity.' 'Whether the Tribunal committed jurisdictional error in assessing the risk of serious harm to the applicant as a failed asylum seeker returning from a western country.']

Ratio Decidendi

The extension of time was refused because the delay was substantial, the explanation for delay was unsatisfactory, the applicant sought to raise proposed grounds not argued in the Federal Circuit Court and would need leave to do so, and the proposed appeal was not reasonably arguable. The Tribunal had addressed the country information and the applicant's claims concerning risk as a Hazara and as a failed asylum seeker, and its conclusions were open on the evidence; it did not require the applicant to modify his conduct but made findings about what he was likely to do.

Court Disposition

Application for an extension of time within which to appeal refused.

Orders

  • ["The applicant's application for an extension of time within which to appeal dated 19 September 2017 be refused." "The applicant pay the first respondent's costs of the application."]