DHZ16 v Minister for Immigration and Border Protection [2017] FCA 1491

DHZ16 v Minister for Immigration and Border Protection [2017] FCA 1491

No viable ground of appeal demonstrated; the Tribunal’s finding concerning the bogus document was available on evidence; extension of time refused and application dismissed with costs.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
['protection Visa' 'extension of Time for Appeal' 'procedural Fairness' 'bogus Documents' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'extension of Time for Appeal' 'procedural Fairness' 'bogus Documents' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 ['Whether the application for extension of time to appeal should be granted' 'Whether the Tribunal failed to consider claims or denied procedural fairness' 'Whether the Tribunal’s findings regarding the bogus birth certificate were available on the evidence']

Ratio Decidendi

No viable ground of appeal demonstrated; the Tribunal’s finding concerning the bogus document was available on evidence; extension of time refused and application dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • ['Application for extension of time dismissed' "Applicant to pay respondent's costs fixed in the amount of $1,756"]