DUQ16 v Minister for Immigration and Border Protection [2020] FCA 301

DUQ16 v Minister for Immigration and Border Protection [2020] FCA 301

None of the grounds sought to be agitated by the applicant for an extension of time and leave to appeal were found to have arguable merit, and the IAA had adequately considered the relevant issues raised including discrimination and surety upon return to Sri Lanka; accordingly, the application was dismissed.

Parties
Applicant: DUQ16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Jurisdictional Error
Migration Extension of Time Leave to Appeal Judicial Review Jurisdictional Error

Case Brief

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Parties

DUQ16

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time for leave to appeal
  2. 2 Whether leave to appeal should be granted from the Federal Circuit Court decision
  3. 3 Whether the Immigration Assessment Authority failed to consider relevant matters in its decision

Ratio Decidendi

None of the grounds sought to be agitated by the applicant for an extension of time and leave to appeal were found to have arguable merit, and the IAA had adequately considered the relevant issues raised including discrimination and surety upon return to Sri Lanka; accordingly, the application was dismissed.

Court Disposition

Application for extension of time and leave to appeal dismissed with costs

Orders

  • The application for an extension of time and leave to appeal filed on 17 June 2019 is dismissed.
  • The applicant pay the costs of the Minister for Immigration and Border Protection of and incidental to the application.