CSA17 v Minister for Immigration and Border Protection [2018] FCA 1410

CSA17 v Minister for Immigration and Border Protection [2018] FCA 1410

The applicant did not show any error in the Federal Circuit Court's discretionary refusal to reinstate his proceeding. His explanation for non-appearance was unsupported after he declined to give evidence, the proposed grounds either lacked factual basis or sought impermissible merits review of the Tribunal's decision, and the original judicial review application had so little prospect of success that reinstatement would have no utility. The proposed appeal therefore had no prospect of success and did not justify an extension of time or leave to appeal.

Jurisdiction
Australia
Judgment Date
28 August 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application in the Federal Court From a Federal Circuit Court Discretionary Decision Refusing to Reinstate a Proceeding Dismissed for Non Appearance
Outcome
The application for extension of time and leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'extension of Time' 'leave to Appeal' 'reinstatement of Proceeding' 'non Appearance' 'discretionary Decision']
['migration Law' 'administrative Law' 'practice and Procedure'] ['protection Visa' 'judicial Review' 'extension of Time' 'leave to Appeal' 'reinstatement of Proceeding' 'non Appearance' 'discretionary Decision']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Application in the Federal Court From a Federal Circuit Court Discretionary Decision Refusing to Reinstate a Proceeding Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file the application for leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's refusal to reinstate the applicant's proceeding." 'Whether the proposed grounds showed error in the discretionary refusal to reinstate the proceeding.' 'Whether the proposed appeal had sufficient prospects of success.']

Ratio Decidendi

The applicant did not show any error in the Federal Circuit Court's discretionary refusal to reinstate his proceeding. His explanation for non-appearance was unsupported after he declined to give evidence, the proposed grounds either lacked factual basis or sought impermissible merits review of the Tribunal's decision, and the original judicial review application had so little prospect of success that reinstatement would have no utility. The proposed appeal therefore had no prospect of success and did not justify an extension of time or leave to appeal.

Court Disposition

The application for extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs."]