CWB16 v Minister for Immigration and Border Protection [2018] FCA 886

CWB16 v Minister for Immigration and Border Protection [2018] FCA 886

The extension of time was refused because the proposed appeal had no merit. The Federal Court found no basis to conclude that the Federal Circuit Court was required to consider the alleged terrorist links, the asserted future conduct of criminal organisations, or any alleged negative inference as proposed grounds of appeal. The applicant's later passport application was not before the Tribunal and could not establish jurisdictional error by the Tribunal or error by the Federal Circuit Court. Granting an extension would therefore be futile regardless of the adequacy of the explanation for delay.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Migration Application for Extension of Time to File a Notice of Appeal / Application in the Federal Court for an Extension of Time to Appeal From a Federal Circuit Court of Australia Judgment Dismissing an Application for Judicial Review
Outcome
Application for extension of time dismissed with costs payable by the applicant to the first respondent.
Legal Topics
['extension of Time to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'merits of Proposed Appeal']
['migration' 'administrative Law' 'practice and Procedure'] ['extension of Time to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'merits of Proposed Appeal']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File a Notice of Appeal / Application in the Federal Court for an Extension of Time to Appeal From a Federal Circuit Court of Australia Judgment Dismissing an Application for Judicial Review

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time under r 36.05 of the Federal Court Rules 2011 to file a notice of appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal had sufficient merit to justify granting an extension of time.' 'Whether the Federal Circuit Court erred by not considering alleged links between the criminal network and a terrorist organisation.' 'Whether the Federal Circuit Court failed to take relevant facts into consideration or impermissibly declined to conduct merits review.' 'Whether the applicant was denied natural justice by the Federal Circuit Court.' "Whether matters concerning the applicant's later Pakistani passport application could establish jurisdictional error by the Tribunal or error by the Federal Circuit Court."]

Ratio Decidendi

The extension of time was refused because the proposed appeal had no merit. The Federal Court found no basis to conclude that the Federal Circuit Court was required to consider the alleged terrorist links, the asserted future conduct of criminal organisations, or any alleged negative inference as proposed grounds of appeal. The applicant's later passport application was not before the Tribunal and could not establish jurisdictional error by the Tribunal or error by the Federal Circuit Court. Granting an extension would therefore be futile regardless of the adequacy of the explanation for delay.

Court Disposition

Application for extension of time dismissed with costs payable by the applicant to the first respondent.

Orders

  • ['The application for an extension of time be dismissed.' "That the applicant pay the first respondent's costs of the application."]