DSO17 v Minister for Home Affairs [2019] FCA 1770

DSO17 v Minister for Home Affairs [2019] FCA 1770

The proposed notice of appeal had no prospects of success. The alleged failure to consider material facts was not particularised, no material demonstrated that an unreasonableness argument was put to the Federal Circuit Court, the s 473GB certificate ground could not succeed because Part 7AA exhaustively states procedural fairness requirements and did not require disclosure, s 473DB required the Authority to conduct the review without a hearing, and the Authority had expressly considered the Applicant's Rohingya ethnicity, statelessness, and claimed fears of harm from the local community and employers. Accordingly, leave to appeal out of time was refused and the application was dismissed...

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Migration Application for Extension of Time to Appeal From the Federal Circuit Court's Dismissal of an Application for Judicial Review of an Immigration Assessment Authority Decision / Application for Extension of Time to Bring an Appeal
Outcome
Application dismissed; extension of time to appeal refused; Applicant to pay the First Respondent's costs as assessed or agreed.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'immigration Assessment Authority' 'protection Visa' 'safe Haven Enterprise Visa' 's 473 GB Certificates']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'immigration Assessment Authority' 'protection Visa' 'safe Haven Enterprise Visa' 's 473 GB Certificates']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Application for Extension of Time to Appeal From the Federal Circuit Court's Dismissal of an Application for Judicial Review of an Immigration Assessment Authority Decision / Application for Extension of Time to Bring an Appeal

Legal Issues

  1. 1 ['Whether the Applicant should be granted an extension of time to appeal from orders of the Federal Circuit Court made on 16 February 2018' 'Whether the proposed grounds of appeal had sufficient merit to warrant an extension of time' 'Whether the Federal Circuit Court failed to consider material facts or unreasonableness of the Immigration Assessment Authority' 'Whether the Applicant was required to be provided with information contained in certificates issued under s 473GB of the Migration Act 1958 (Cth)' 'Whether the Immigration Assessment Authority denied natural justice by not giving the Applicant a hearing' "Whether the Immigration Assessment Authority failed to take into account relevant considerations concerning the Applicant's Rohingya ethnicity, statelessness, and claimed fear of harm from the local community and employers"]

Ratio Decidendi

The proposed notice of appeal had no prospects of success. The alleged failure to consider material facts was not particularised, no material demonstrated that an unreasonableness argument was put to the Federal Circuit Court, the s 473GB certificate ground could not succeed because Part 7AA exhaustively states procedural fairness requirements and did not require disclosure, s 473DB required the Authority to conduct the review without a hearing, and the Authority had expressly considered the Applicant's Rohingya ethnicity, statelessness, and claimed fears of harm from the local community and employers. Accordingly, leave to appeal out of time was refused and the application was dismissed...

Court Disposition

Application dismissed; extension of time to appeal refused; Applicant to pay the First Respondent's costs as assessed or agreed.

Orders

  • ['The application be dismissed.' "The Applicant pay the First Respondent's costs as assessed or agreed."]