CPL17 v Minister for Immigration and Border Protection [2018] FCA 1700

CPL17 v Minister for Immigration and Border Protection [2018] FCA 1700

The applicant gave no adequate explanation for the delay other than lack of representation, and his proposed grounds were common or template grounds bearing no relation to the primary judge's judgment or the Tribunal's reasons. His oral submissions did not establish error by the primary judge or jurisdictional error by the Tribunal. The Tribunal's adverse credibility findings were open to it and disclosed no error. The primary judgment was not attended by sufficient doubt to warrant reconsideration, and it was not expedient in the interests of justice to permit new grounds to be raised.

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Dismissal by the Federal Circuit Court of an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa
Outcome
Application dismissed; extension of time and leave to appeal refused.
Legal Topics
['protection Visa' 'extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'credibility Findings' 'complementary Protection']
['migration' 'administrative Law'] ['protection Visa' 'extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'credibility Findings' 'complementary Protection']

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Dismissal by the Federal Circuit Court of an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa

Legal Issues

  1. 1 ["Whether an extension of time should be granted for an application for leave to appeal from the Federal Circuit Court's interlocutory decision" "Whether leave to appeal should be granted from the Federal Circuit Court's summary dismissal of the judicial review application" 'Whether the applicant established error by the primary judge or arguable jurisdictional error by the Administrative Appeals Tribunal' 'Whether the applicant should be permitted to rely on proposed appeal grounds not corresponding with the grounds argued before the primary judge']

Ratio Decidendi

The applicant gave no adequate explanation for the delay other than lack of representation, and his proposed grounds were common or template grounds bearing no relation to the primary judge's judgment or the Tribunal's reasons. His oral submissions did not establish error by the primary judge or jurisdictional error by the Tribunal. The Tribunal's adverse credibility findings were open to it and disclosed no error. The primary judgment was not attended by sufficient doubt to warrant reconsideration, and it was not expedient in the interests of justice to permit new grounds to be raised.

Court Disposition

Application dismissed; extension of time and leave to appeal refused.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent, as agreed or assessed.']