COY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 711

COY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 711

The applicant's grounds of appeal, as stated in the draft notice, have no prospect of success; the primary judge's conclusions were correct and there was no error; therefore, the application for extension of time should be refused.

Parties
Applicant: COY16; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
29 June 2023
Procedural Posture
Migration Appeal / Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Judicial Review, Extension of Time, Jurisdictional Error, Credibility Assessment
Administrative Law Migration Law Judicial Review Extension of Time Jurisdictional Error Credibility Assessment

Case Brief

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Parties

COY16

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal
  2. 2 Whether the applicant's grounds of appeal have prospects of success
  3. 3 Whether there was jurisdictional error in the Tribunal's decision

Ratio Decidendi

The applicant's grounds of appeal, as stated in the draft notice, have no prospect of success; the primary judge's conclusions were correct and there was no error; therefore, the application for extension of time should be refused.

Court Disposition

Application dismissed

Orders

  • The applicant's application for an extension of time to file a notice of appeal be refused.
  • The applicant pay the first respondent's costs of the application.