EBW16 v Minister for Immigration and Border Protection [2018] FCA 382

EBW16 v Minister for Immigration and Border Protection [2018] FCA 382

The extension of time was refused because the proposed grounds had no prospect of demonstrating error of law by the primary judge. Although an exchange with counsel could have suggested a misunderstanding of the judicial review function, it was not part of the reasons for judgment. The reasons, particularly paragraph 34, showed that the primary judge focused on the country information before the Authority and its use by the Authority. The Authority was entitled to make a predictive value judgment on the information before it.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Migration Application for Extension of Time to Appeal / Application in the Federal Court for an Extension of Time to Appeal From Dismissal of Federal Circuit Court Judicial Review Proceedings
Outcome
Application dismissed.
Legal Topics
['extension of Time to Appeal' 'temporary Protection Visa (subclass 785)' 'complementary Protection' 'judicial Review' 'country Information' 'immigration Assessment Authority']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'temporary Protection Visa (subclass 785)' 'complementary Protection' 'judicial Review' 'country Information' 'immigration Assessment Authority']

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Procedural Posture

Migration Application for Extension of Time to Appeal / Application in the Federal Court for an Extension of Time to Appeal From Dismissal of Federal Circuit Court Judicial Review Proceedings

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time to appeal against the Federal Circuit Court's dismissal of his judicial review application." 'Whether the proposed grounds of appeal had sufficient prospects of success.' 'Whether the primary judge erred by focusing on country information at the time of the Federal Circuit Court hearing rather than the material before the Immigration Assessment Authority.']

Ratio Decidendi

The extension of time was refused because the proposed grounds had no prospect of demonstrating error of law by the primary judge. Although an exchange with counsel could have suggested a misunderstanding of the judicial review function, it was not part of the reasons for judgment. The reasons, particularly paragraph 34, showed that the primary judge focused on the country information before the Authority and its use by the Authority. The Authority was entitled to make a predictive value judgment on the information before it.

Court Disposition

Application dismissed.

Orders

  • ['The application for an extension of time to file an appeal be dismissed.' "The applicant pay the first respondent's costs, of and incidental to the application, to be taxed if not agreed."]