DHA16 v Minister For Immigration, Citizenship and Multicultural Affairs [2019] FCA 1443

DHA16 v Minister For Immigration, Citizenship and Multicultural Affairs [2019] FCA 1443

The applicant failed to demonstrate that the new grounds raised arose on the material before the Authority or were supported by relevant evidence or submissions at first instance. The Authority considered all relevant aspects of the applicant's claims, and any potential discrimination or risk was adequately assessed on the facts. The proposed grounds of appeal lacked merit and did not justify an extension of time or leave to raise new grounds. Consequently, the application for extension of time was dismissed.

Parties
Applicant: DHA16; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Extension of Time and Leave to Rely on New Grounds
Outcome
Application for extension of time dismissed
Legal Topics
Protection Visa, Extension of Time to Appeal, Judicial Review, Particular Social Group, Imputed Political Opinion, Unreasonableness in Administrative Law
Migration Law Administrative Law Protection Visa Extension of Time to Appeal Judicial Review Particular Social Group Imputed Political Opinion Unreasonableness in Administrative Law

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Parties

DHA16

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Extension of Time and Leave to Rely on New Grounds

Legal Issues

  1. 1 Whether leave should be granted to appeal out of time
  2. 2 Whether leave should be granted to rely on new grounds not raised below
  3. 3 Whether the Authority failed to consider membership of a particular social group of 'returned people smuggler vessel captains'

Ratio Decidendi

The applicant failed to demonstrate that the new grounds raised arose on the material before the Authority or were supported by relevant evidence or submissions at first instance. The Authority considered all relevant aspects of the applicant's claims, and any potential discrimination or risk was adequately assessed on the facts. The proposed grounds of appeal lacked merit and did not justify an extension of time or leave to raise new grounds. Consequently, the application for extension of time was dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • Application for extension of time dismissed.
  • The applicant pay the first respondent's costs to be assessed if not agreed.