CYN17 v Minister for Immigration and Border Protection [2018] FCA 1773
The applicant's proposed appeal does not have sufficient prospects of success as the Authority's refusal to consider the CAT report was justified and supported by detailed reasons regarding the lack of relevant claims and absence of exceptional circumstances. Accordingly, the extension of time is refused.
- Jurisdiction
- Australia
- Judgment Date
- 19 November 2018
- Procedural Posture
- Application for Extension of Time to Appeal / Decision on Extension of Time
- Outcome
- Application for extension of time dismissed
- Legal Topics
- ['extension of Time' 'judicial Review' 'fast Track Review Procedures' 'exceptional Circumstances Under S 473 Dd']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time to Appeal / Decision on Extension of Time
Legal Issues
- 1 ['Whether extension of time to appeal should be granted' 'Whether the Immigration Assessment Authority erred by failing to consider new information in the form of the CAT report under s 473DD' 'Whether there was jurisdictional error by the Authority in its refusal to consider the CAT report']
Ratio Decidendi
The applicant's proposed appeal does not have sufficient prospects of success as the Authority's refusal to consider the CAT report was justified and supported by detailed reasons regarding the lack of relevant claims and absence of exceptional circumstances. Accordingly, the extension of time is refused.
Court Disposition
Application for extension of time dismissed
Orders
- ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs to be assessed if not agreed."]
Full Case Text
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