FGB17 v Minister for Home Affairs [2019] FCA 725

FGB17 v Minister for Home Affairs [2019] FCA 725

The proposed appeal had no merit because the draft grounds misapprehended the nature of the Tribunal's decision: the Tribunal dismissed the review application under s 426A(1A)(b) after the applicant failed to attend and confirmed that dismissal when no reinstatement application was made under s 426A(1E), so it was not required to determine whether the applicant satisfied the protection visa criteria. There was therefore no utility in extending time to appeal.

Jurisdiction
Australia
Judgment Date
21 May 2019
Procedural Posture
Migration Application for Extension of Time to Appeal / Application for an Extension of Time to Appeal From a Judgment of the Federal Circuit Court of Australia
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['protection Visa' 'extension of Time to Appeal' 'tribunal Dismissal for Non Appearance' 'procedural Fairness']
['migration' 'administrative Law'] ['protection Visa' 'extension of Time to Appeal' 'tribunal Dismissal for Non Appearance' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal / Application for an Extension of Time to Appeal From a Judgment of the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to appeal from the Federal Circuit Court judgment.' 'Whether the proposed grounds of appeal had sufficient merit to warrant an extension of time.' 'Whether the Tribunal was required to assess the applicant against ss 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth) after dismissing the review application under s 426A(1A)(b).']

Ratio Decidendi

The proposed appeal had no merit because the draft grounds misapprehended the nature of the Tribunal's decision: the Tribunal dismissed the review application under s 426A(1A)(b) after the applicant failed to attend and confirmed that dismissal when no reinstatement application was made under s 426A(1E), so it was not required to determine whether the applicant satisfied the protection visa criteria. There was therefore no utility in extending time to appeal.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The name of the first respondent be amended to the Minister for Home Affairs.' 'The application for an extension of time filed on 2 November 2018 be dismissed.' "The applicant pay the first respondent's costs."]