DWU16 v Minister for Immigration and Border Protection [2018] FCA 1191

DWU16 v Minister for Immigration and Border Protection [2018] FCA 1191

Although the applicant gave a reasonable explanation for the short delay and time was extended, leave to appeal was refused because he showed no sufficient or any doubt as to the correctness of the Federal Circuit Court's dismissal. The dismissal was based not only on deficient medical certificates but also on unsuccessful attempts to contact the applicant on the hearing day and his absence from the hearing. The applicant also failed to articulate any error, let alone jurisdictional error, in the Tribunal's credibility findings, which were open on the evidence identified by the Tribunal.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Application for Leave to Appeal From Interlocutory Federal Circuit Court Orders
Outcome
Time extended; application for leave to appeal refused; applicant ordered to pay the first respondent's costs as agreed or assessed.
Legal Topics
['protection Visa' 'administrative Appeals Tribunal Review' 'extension of Time' 'leave to Appeal' 'dismissal for Failure to Comply With Court Orders' 'jurisdictional Error']
['migration' 'administrative Law' 'federal Civil Procedure'] ['protection Visa' 'administrative Appeals Tribunal Review' 'extension of Time' 'leave to Appeal' 'dismissal for Failure to Comply With Court Orders' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Application for Leave to Appeal From Interlocutory Federal Circuit Court Orders

Legal Issues

  1. 1 ["Whether time should be extended to permit the applicant's application for leave to appeal to be filed on 16 April 2018." "Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory dismissal of the application under r 13.03B(1)(a) of the Federal Circuit Court Rules 2001 (Cth)." "Whether the applicant showed sufficient doubt as to the correctness of the primary judge's decision." "Whether the applicant articulated any error, including jurisdictional error, in the Tribunal's decision affirming refusal of a Protection visa."]

Ratio Decidendi

Although the applicant gave a reasonable explanation for the short delay and time was extended, leave to appeal was refused because he showed no sufficient or any doubt as to the correctness of the Federal Circuit Court's dismissal. The dismissal was based not only on deficient medical certificates but also on unsuccessful attempts to contact the applicant on the hearing day and his absence from the hearing. The applicant also failed to articulate any error, let alone jurisdictional error, in the Tribunal's credibility findings, which were open on the evidence identified by the Tribunal.

Court Disposition

Time extended; application for leave to appeal refused; applicant ordered to pay the first respondent's costs as agreed or assessed.

Orders

  • ["Time be extended so as to permit the applicant's application for leave to appeal to be filed on 16 April 2018." "The applicant's application for leave to appeal be refused." 'The applicant pay the costs of the first respondent, as agreed or assessed.']