EBC16 v Minister for Immigration and Border Protection [2018] FCA 210

EBC16 v Minister for Immigration and Border Protection [2018] FCA 210

The adjournment was refused because the proposed amended appeal was entirely speculative as to the existence and relevance of any PAIS-related vulnerability documents and, in any event, would involve advancing an entirely new case on appeal contrary to settled appellate principles. With the adjournment refused, the only existing ground of appeal was unparticularised and meaningless and identified no appellable error, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Migration Appeal / Application for Adjournment to Permit Filing of Amended Notice of Appeal; Appeal From Federal Circuit Court
Outcome
Application for adjournment refused; appeal dismissed; appellant ordered to pay the first respondent's costs as agreed or assessed.
Legal Topics
['adjournment Application' 'amended Notice of Appeal' 'fresh or New Grounds on Appeal' 'primary Application Information Service' 'section 473 CB Materials' 'jurisdictional Error']
['migration' 'administrative Law' 'appellate Procedure'] ['adjournment Application' 'amended Notice of Appeal' 'fresh or New Grounds on Appeal' 'primary Application Information Service' 'section 473 CB Materials' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal / Application for Adjournment to Permit Filing of Amended Notice of Appeal; Appeal From Federal Circuit Court

Legal Issues

  1. 1 ['Whether the appellant should be granted an adjournment to file an amended notice of appeal and further submissions based on possible documents concerning his exceptional vulnerability and PAIS eligibility.' 'Whether the appellant should be permitted to advance a new case on appeal concerning documents allegedly required to be given to the Immigration Assessment Authority under s 473CB(1) of the Migration Act 1958 (Cth).' 'Whether the existing notice of appeal identified any appellable error.']

Ratio Decidendi

The adjournment was refused because the proposed amended appeal was entirely speculative as to the existence and relevance of any PAIS-related vulnerability documents and, in any event, would involve advancing an entirely new case on appeal contrary to settled appellate principles. With the adjournment refused, the only existing ground of appeal was unparticularised and meaningless and identified no appellable error, so the appeal was dismissed.

Court Disposition

Application for adjournment refused; appeal dismissed; appellant ordered to pay the first respondent's costs as agreed or assessed.

Orders

  • ['The application for an adjournment to permit the Appellant to file an amended notice of appeal dated 18 August 2017 be refused.' 'The appeal be dismissed.' "The Appellant pay the First Respondent's costs, as agreed or assessed."]