CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1604

CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1604

Although the applicant filed only a few days late and faced substantial language and legal-comprehension difficulties, the proposed grounds of appeal had no sufficient prospect of success. The ground alleging legal error by the Tribunal and delegate was, even read generously as alleging error by the primary judge, expressed at such generality as to be devoid of meaningful content and did not identify jurisdictional error. The Tribunal's credibility findings and findings on persecution and complementary protection had rational and evidentiary foundations. The second ground concerned the applicant's non-attendance, a matter on which the primary judge had accepted his explanation, and...

Jurisdiction
Australia
Judgment Date
23 November 2022
Procedural Posture
Application for an Extension of Time Within Which to Apply for Leave to Appeal From Orders of the Federal Circuit Court Refusing to Set Aside an Order Dismissing a Judicial Review Proceeding / Application for Extension of Time and Leave to Appeal
Outcome
The application for an extension of time within which to apply for leave to appeal was dismissed, and the applicant was ordered to pay the first respondent's costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'protection Visa' 'failure to Attend Hearing' 'default Dismissal' 'prospects of Success' 'costs']
['administrative Law' 'migration Law' 'practice and Procedure'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'protection Visa' 'failure to Attend Hearing' 'default Dismissal' 'prospects of Success' 'costs']

Case Brief

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Procedural Posture

Application for an Extension of Time Within Which to Apply for Leave to Appeal From Orders of the Federal Circuit Court Refusing to Set Aside an Order Dismissing a Judicial Review Proceeding / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the applicant to apply for leave to appeal against the Federal Circuit Court orders made on 23 August 2021' 'Whether the proposed appeal enjoyed sufficient prospects of success to warrant an extension of time and leave to appeal' "Whether the applicant's proposed grounds identified any error by the primary judge in concluding that the judicial review application lacked sufficient prospects of success" "Whether the applicant's foreshadowed further evidence provided a basis to disturb the Federal Circuit Court's orders"]

Ratio Decidendi

Although the applicant filed only a few days late and faced substantial language and legal-comprehension difficulties, the proposed grounds of appeal had no sufficient prospect of success. The ground alleging legal error by the Tribunal and delegate was, even read generously as alleging error by the primary judge, expressed at such generality as to be devoid of meaningful content and did not identify jurisdictional error. The Tribunal's credibility findings and findings on persecution and complementary protection had rational and evidentiary foundations. The second ground concerned the applicant's non-attendance, a matter on which the primary judge had accepted his explanation, and...

Court Disposition

The application for an extension of time within which to apply for leave to appeal was dismissed, and the applicant was ordered to pay the first respondent's costs.

Orders

  • ['The application for an extension of time within which to apply for leave to appeal against the orders made by the Federal Circuit Court on 23 August 2021 be dismissed.' "The applicant pay the first respondent's costs of and incidental to the application, to be fixed by a registrar in a lump-sum if not agreed."]