FHB17 v Minister for Immigration and Border Protection [2019] FCA 161

FHB17 v Minister for Immigration and Border Protection [2019] FCA 161

Application for extension of time dismissed because explanation for delay was inadequate and, on impressionistic review, proposed grounds of appeal lacked sufficient prospects of success. FCCA reasons addressed all arguments and no jurisdictional error was established. IAA's application of exceptional circumstances under Migration Act s 473DD was proper and rejection of new evidence was not legally unreasonable.

Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Application for Extension of Time to Appeal / Final Determination
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'exceptional Circumstances Under Migration Act S 473 Dd' 'safe Haven Enterprise Visa' 'provision of Reasons for Judgment']
['administrative Law' 'migration Law'] ['extension of Time to Appeal' 'judicial Review' 'exceptional Circumstances Under Migration Act S 473 Dd' 'safe Haven Enterprise Visa' 'provision of Reasons for Judgment']

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Procedural Posture

Application for Extension of Time to Appeal / Final Determination

Legal Issues

  1. 1 ['Whether the applicant provided a satisfactory explanation for the delay in seeking leave to appeal' 'Whether the primary judge failed to give adequate reasons for decision' 'Whether the Immigration Assessment Authority erred in failing to consider new information as exceptional circumstances' "Whether the IAA's rejection of new evidence amounted to jurisdictional error" 'Whether primary judge made adverse credibility findings against applicant']

Ratio Decidendi

Application for extension of time dismissed because explanation for delay was inadequate and, on impressionistic review, proposed grounds of appeal lacked sufficient prospects of success. FCCA reasons addressed all arguments and no jurisdictional error was established. IAA's application of exceptional circumstances under Migration Act s 473DD was proper and rejection of new evidence was not legally unreasonable.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for an extension of time be dismissed.' "The Applicant pay the First Respondent's costs as agreed or assessed."]