DEC16 v Minister for Immigration and Border Protection [2019] FCA 1285

DEC16 v Minister for Immigration and Border Protection [2019] FCA 1285

The extension of time was refused because any appeal would have no reasonable prospects of success. The proposed grounds did not identify error by the Federal Circuit Court, did not disclose arguable jurisdictional error by the Tribunal, and the complaints about evidence, reasons and interpreting lacked merit. The s 438 certificate issue could not have affected the outcome because the relevant document concerned identity, which the Tribunal accepted, and the new matters raised by the applicant had not been raised below and could not establish error by the primary judge. The adjournment was refused because the medical certificate did not show unfitness to attend, the applicant was able to...

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Migration Application for an Extension of Time Within Which to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of a Protection Visa Refusal Decision / Federal Court Hearing of Application for an Extension of Time and Oral Application for Adjournment
Outcome
Application for adjournment refused; application for an extension of time dismissed with costs.
Legal Topics
['protection Visa Refusal' 'extension of Time to Appeal' 'reasonable Prospects of Success' 'adjournment Application' 'jurisdictional Error' 'section 438 Certificate' 'procedural Fairness' 'interpreter Complaint']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa Refusal' 'extension of Time to Appeal' 'reasonable Prospects of Success' 'adjournment Application' 'jurisdictional Error' 'section 438 Certificate' 'procedural Fairness' 'interpreter Complaint']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time Within Which to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of a Protection Visa Refusal Decision / Federal Court Hearing of Application for an Extension of Time and Oral Application for Adjournment

Legal Issues

  1. 1 ["Whether the applicant's oral application for an adjournment should be granted" 'Whether an extension of time should be granted to appeal from the Federal Circuit Court decision' 'Whether the proposed grounds of appeal had reasonable prospects of success' "Whether the Tribunal's handling and non-disclosure of a s 438 certificate could arguably amount to jurisdictional error" 'Whether new matters raised at the Federal Court hearing could support an arguable appeal']

Ratio Decidendi

The extension of time was refused because any appeal would have no reasonable prospects of success. The proposed grounds did not identify error by the Federal Circuit Court, did not disclose arguable jurisdictional error by the Tribunal, and the complaints about evidence, reasons and interpreting lacked merit. The s 438 certificate issue could not have affected the outcome because the relevant document concerned identity, which the Tribunal accepted, and the new matters raised by the applicant had not been raised below and could not establish error by the primary judge. The adjournment was refused because the medical certificate did not show unfitness to attend, the applicant was able to...

Court Disposition

Application for adjournment refused; application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time is dismissed.' "The applicant is to pay the first respondent's costs as agreed or assessed."]