DBX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 897

DBX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 897

The application for an extension of time was refused because the 364-day delay was not adequately explained and the proposed appeal did not have sufficient prospects of success. Read as a whole, the Federal Circuit Court's reasons adequately engaged with the case as argued, including the Authority's reasoning at [16]-[24], and sufficiently explained why the Authority had asked the correct questions and undertaken its statutory task in relation to both refugee and complementary protection claims.

Jurisdiction
Australia
Judgment Date
04 August 2021
Procedural Posture
Migration Application for Extension of Time to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of an Immigration Assessment Authority Decision / Application for Extension of Time to File a Notice of Appeal
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'safe Haven Enterprise Visa' 'protection Visa Criteria' 'immigration Assessment Authority Review' 'sufficiency of Judicial Reasons' 'jurisdictional Error' 'refugee Protection and Complementary Protection']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time to Appeal' 'safe Haven Enterprise Visa' 'protection Visa Criteria' 'immigration Assessment Authority Review' 'sufficiency of Judicial Reasons' 'jurisdictional Error' 'refugee Protection and Complementary Protection']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of an Immigration Assessment Authority Decision / Application for Extension of Time to File a Notice of Appeal

Legal Issues

  1. 1 ['Whether the delay of 364 days in filing the proposed appeal was sufficiently explained.' 'Whether the proposed appeal had sufficient prospects of success to warrant an extension of time.' 'Whether the Federal Circuit Court gave sufficient reasons when rejecting the judicial review application.' 'Whether the primary judge failed properly to try the application for judicial review by expressing conclusions at too high a level of generality.' "Whether the Authority asked itself the correct questions and undertook its statutory task in assessing the applicant's refugee and complementary protection claims."]

Ratio Decidendi

The application for an extension of time was refused because the 364-day delay was not adequately explained and the proposed appeal did not have sufficient prospects of success. Read as a whole, the Federal Circuit Court's reasons adequately engaged with the case as argued, including the Authority's reasoning at [16]-[24], and sufficiently explained why the Authority had asked the correct questions and undertaken its statutory task in relation to both refugee and complementary protection claims.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs, to be assessed if not agreed, including the first respondent's costs thrown away by reason of the late filing of submissions by the applicant."]