DVQ17 v Minister for Immigration and Border Protection [2020] FCA 58

DVQ17 v Minister for Immigration and Border Protection [2020] FCA 58

Neither of the applicant's proposed grounds of appeal have sufficient merit to justify granting an extension of time to file an appeal; the explanation for delay and absence of respondent prejudice do not overcome the lack of prospects for success, and the application is refused with costs fixed at $3000.

Parties
Applicant: DVQ17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
04 February 2020
Procedural Posture
Application for Extension of Time in Appeal (migration Matter) / Post Judgment Application for Extension of Time to File Notice of Appeal
Outcome
Application for extension of time refused.
Legal Topics
Extension of Time, Judicial Review, Refugee Status, Complementary Protection
Migration Law Administrative Law Extension of Time Judicial Review Refugee Status Complementary Protection

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Parties

DVQ17

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Extension of Time in Appeal (migration Matter) / Post Judgment Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether sufficient merit exists in the proposed grounds of appeal to warrant an extension of time
  2. 2 Whether explanation for delay in filing notice of appeal is adequate
  3. 3 Whether the Authority applied the appropriate test for significant harm as defined under the Migration Act

Ratio Decidendi

Neither of the applicant's proposed grounds of appeal have sufficient merit to justify granting an extension of time to file an appeal; the explanation for delay and absence of respondent prejudice do not overcome the lack of prospects for success, and the application is refused with costs fixed at $3000.

Court Disposition

Application for extension of time refused.

Orders

  • The extension of time application filed on 21 June 2019 be refused.
  • The applicant pay the first respondent's costs fixed in the amount of $3000.