EJD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 349

EJD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 349

The Court refused both the extension of time to appeal and leave to rely on a new ground on appeal. The applicant’s explanations for delay were unsatisfactory and there was not sufficient merit in the proposed new ground; the Tribunal’s reasoning did not demonstrate illogicality, irrationality or legal unreasonableness. Applicant’s connections to a Gulenist-charity boarding house and related factors did not compel the Tribunal to find there was a 'real chance' Turkish authorities would impute Gulenist sympathies. Leave to raise a new ground was not justified as the applicant was legally represented in formulating his original case and no adequate explanation for the omission was provided.

Parties
Applicant: EJD19; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 April 2022
Procedural Posture
Application for Extension of Time to Appeal (migration) / Final Judgment on Application for Extension of Time and Leave to Raise New Ground on Appeal
Outcome
Application for extension of time dismissed; leave to rely on new ground refused; costs to the first respondent
Legal Topics
Extension of Time to Appeal, Judicial Review Migration Decisions, Leave to Raise New Ground on Appeal, Legal Unreasonableness, Illogicality and Irrationality in Tribunal Decision Making
Migration Law Administrative Law Practice and Procedure Extension of Time to Appeal Judicial Review Migration Decisions Leave to Raise New Ground on Appeal Legal Unreasonableness Illogicality and Irrationality in Tribunal Decision Making

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Parties

EJD19

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal (migration) / Final Judgment on Application for Extension of Time and Leave to Raise New Ground on Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal the Federal Circuit Court decision
  2. 2 Whether leave should be granted to raise a new ground on appeal not raised below
  3. 3 Whether the Tribunal’s reasoning was affected by illogicality, irrationality, or legal unreasonableness

Ratio Decidendi

The Court refused both the extension of time to appeal and leave to rely on a new ground on appeal. The applicant’s explanations for delay were unsatisfactory and there was not sufficient merit in the proposed new ground; the Tribunal’s reasoning did not demonstrate illogicality, irrationality or legal unreasonableness. Applicant’s connections to a Gulenist-charity boarding house and related factors did not compel the Tribunal to find there was a 'real chance' Turkish authorities would impute Gulenist sympathies. Leave to raise a new ground was not justified as the applicant was legally represented in formulating his original case and no adequate explanation for the omission was provided.

Court Disposition

Application for extension of time dismissed; leave to rely on new ground refused; costs to the first respondent

Orders

  • Leave to rely on the ground set out in the draft notice of appeal is refused.
  • The application for extension of time is dismissed.