DNT17 v Minister for Home Affairs [2019] FCA 978

DNT17 v Minister for Home Affairs [2019] FCA 978

The proposed grounds of appeal lacked merit. The primary judge made no arguable error in finding that the Authority's conclusion that the 2010 visits were for extortion only was open on the evidence and not illogical or unreasonable. The primary judge also properly addressed the claim that the Authority ignored past approaches by CID and TMVP men; read in context, the Authority's reference to 'the same men' was a reference to men from TMVP and CID generally. Because the applicant showed no sufficient doubt in the primary judge's reasons and no arguable basis that the discretion miscarried under House v The King, leave to appeal was refused and it was unnecessary to consider the...

Jurisdiction
Australia
Judgment Date
24 June 2019
Procedural Posture
Migration Application for an Extension of Time and Leave to Appeal / Application for an Extension of Time and Leave to Appeal From Interlocutory Orders of the Federal Circuit Court Dismissing an Application in a Case Seeking Reinstatement of an Application for Judicial Review
Outcome
Application dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'reinstatement of Dismissed Proceeding']
['migration' 'administrative Law' 'federal Civil Procedure'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'reinstatement of Dismissed Proceeding']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time and Leave to Appeal / Application for an Extension of Time and Leave to Appeal From Interlocutory Orders of the Federal Circuit Court Dismissing an Application in a Case Seeking Reinstatement of an Application for Judicial Review

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to seek leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory dismissal of the reinstatement application." "Whether the proposed grounds of appeal had sufficient merit, including whether the Immigration Assessment Authority's reasoning about extortion by CID and TMVP men was illogical or unreasonable." "Whether the primary judge's discretion miscarried in the sense described in House v The King."]

Ratio Decidendi

The proposed grounds of appeal lacked merit. The primary judge made no arguable error in finding that the Authority's conclusion that the 2010 visits were for extortion only was open on the evidence and not illogical or unreasonable. The primary judge also properly addressed the claim that the Authority ignored past approaches by CID and TMVP men; read in context, the Authority's reference to 'the same men' was a reference to men from TMVP and CID generally. Because the applicant showed no sufficient doubt in the primary judge's reasons and no arguable basis that the discretion miscarried under House v The King, leave to appeal was refused and it was unnecessary to consider the...

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicant's application for an extension of time and leave to appeal be dismissed." "The applicant pay the first respondent's costs as agreed or taxed."]