DLE16 v Minister for Home Affairs [2019] FCA 136

DLE16 v Minister for Home Affairs [2019] FCA 136

The extension of time was refused because the applicant failed to provide a satisfactory explanation for the 70-day delay after the appeal period expired, and none of the proposed grounds disclosed arguable error by the Federal Circuit Court or jurisdictional error by the Tribunal. The Tribunal's adverse credibility findings, consideration of complementary protection, procedural fairness, treatment of evidence, and rejection of bias allegations were open on the material and disclosed no reviewable error.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Migration Application for Extension of Time to Appeal From the Federal Circuit Court's Dismissal of an Application for Judicial Review / Application for Extension of Time to File a Notice of Appeal
Outcome
Application for an extension of time refused; appeal not permitted to proceed; applicant ordered to pay the first respondent's costs.
Legal Topics
['extension of Time to Appeal' 'jurisdictional Error' 'temporary Protection Visa' 'complementary Protection' 'natural Justice' 'procedural Fairness' 'credibility Findings' 'apprehended Bias']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time to Appeal' 'jurisdictional Error' 'temporary Protection Visa' 'complementary Protection' 'natural Justice' 'procedural Fairness' 'credibility Findings' 'apprehended Bias']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal From the Federal Circuit Court's Dismissal of an Application for Judicial Review / Application for Extension of Time to File a Notice of Appeal

Legal Issues

  1. 1 ['Whether time should be extended for DLE16 to appeal the Federal Circuit Court decision made on 29 May 2018.' "Whether the Administrative Appeals Tribunal's decision was affected by jurisdictional error." 'Whether the Tribunal failed to apply the correct test for complementary protection under s 36(2)(aa) of the Migration Act 1958 (Cth).' 'Whether the Tribunal denied natural justice or procedural fairness, acted with bias, or failed to consider relevant evidence.' 'Whether the proposed grounds of appeal had sufficient merit to justify an extension of time.']

Ratio Decidendi

The extension of time was refused because the applicant failed to provide a satisfactory explanation for the 70-day delay after the appeal period expired, and none of the proposed grounds disclosed arguable error by the Federal Circuit Court or jurisdictional error by the Tribunal. The Tribunal's adverse credibility findings, consideration of complementary protection, procedural fairness, treatment of evidence, and rejection of bias allegations were open on the material and disclosed no reviewable error.

Court Disposition

Application for an extension of time refused; appeal not permitted to proceed; applicant ordered to pay the first respondent's costs.

Orders

  • ['The application for an extension of time in which to appeal the decision of the Federal Circuit Court of Australia made on 29 May 2018 is refused.' "The applicant is to pay the first respondent's costs of the application."]