DQO20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 926

DQO20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 926

The Tribunal did not overlook or fail to engage with the evidence relied on by the applicant; it expressly referred to, weighed, and rejected that evidence. The prospective ground of appeal thus has no merit, and extension of time to appeal should not be granted.

Parties
Applicant: DQO20; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Migration Appeal / Application for Extension of Time to Appeal From Federal Circuit Court Judgment
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Jurisdictional Error, Judicial Review, Protection Visa, Tribunal's Consideration of Evidence
Migration Law Administrative Law Extension of Time to Appeal Jurisdictional Error Judicial Review Protection Visa Tribunal's Consideration of Evidence

Case Brief

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Parties

DQO20

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time to Appeal From Federal Circuit Court Judgment

Legal Issues

  1. 1 Whether extension of time within which to appeal should be granted
  2. 2 Whether Tribunal failed to consider evidence constituting jurisdictional error

Ratio Decidendi

The Tribunal did not overlook or fail to engage with the evidence relied on by the applicant; it expressly referred to, weighed, and rejected that evidence. The prospective ground of appeal thus has no merit, and extension of time to appeal should not be granted.

Court Disposition

Application dismissed

Orders

  • The application filed on 18 February 2021 be dismissed.
  • The applicant pay the first respondent's costs in the lump sum amount of $4,500.