DCC17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1403

DCC17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1403

The extension of time was refused because, although the delay was short and the Minister did not claim material prejudice, the proposed appeal had no merit or reasonable prospect of success. The applicant did not identify any arguable error by the Federal Circuit Court, and his complaint depended on unsupported, undocumented assertions which the Tribunal was entitled not to accept after finding him not credible.

Jurisdiction
Australia
Judgment Date
20 August 2019
Procedural Posture
Migration Application for an Extension of Time to Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Concerning a Protection Visa / Application for Extension of Time in the Federal Court of Australia
Outcome
Application for extension of time dismissed with costs fixed at $3,500.
Legal Topics
['extension of Time to Appeal' 'protection Visa' 'administrative Appeals Tribunal' 'jurisdictional Error' 'credibility Findings' 'reasonable Prospects of Success']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time to Appeal' 'protection Visa' 'administrative Appeals Tribunal' 'jurisdictional Error' 'credibility Findings' 'reasonable Prospects of Success']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time to Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Concerning a Protection Visa / Application for Extension of Time in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether an extension of time should be granted to appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal had a reasonable prospect of success.' 'Whether the applicant identified arguable error in the Federal Circuit Court judgment or jurisdictional error in the Tribunal decision.']

Ratio Decidendi

The extension of time was refused because, although the delay was short and the Minister did not claim material prejudice, the proposed appeal had no merit or reasonable prospect of success. The applicant did not identify any arguable error by the Federal Circuit Court, and his complaint depended on unsupported, undocumented assertions which the Tribunal was entitled not to accept after finding him not credible.

Court Disposition

Application for extension of time dismissed with costs fixed at $3,500.

Orders

  • ['The name of the First Respondent be amended to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'The application for the extension of time is dismissed.' "The Applicant is to pay the First Respondent's costs of and incidental to the application for the extension of time fixed...