GOR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 302

GOR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 302

Although the applicant's solicitors commenced attempting to file the notice of appeal within the required time and there was no prejudice to the first respondent, the applicant gave no adequate explanation for his delay and the proposed grounds of appeal had no reasonable prospects of success. Section 473DC(2) meant the Authority had no duty to obtain further information about the medical certificates or to seek an explanation about the discrepancy between the statutory declaration and later claims, and it was open to the Authority to rely on that discrepancy in assessing credibility.

Jurisdiction
Australia
Judgment Date
04 March 2020
Procedural Posture
Migration Application for Extension of Time to File Notice of Appeal / Application for Extension of Time to Appeal From a Federal Circuit Court Judgment
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to File Notice of Appeal' 'safe Haven Enterprise Visa' 'protection Visa Criteria' 'immigration Assessment Authority' 'credibility Findings' 'new Information' 'legal Unreasonableness']
['migration Law' 'administrative Law'] ['extension of Time to File Notice of Appeal' 'safe Haven Enterprise Visa' 'protection Visa Criteria' 'immigration Assessment Authority' 'credibility Findings' 'new Information' 'legal Unreasonableness']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File Notice of Appeal / Application for Extension of Time to Appeal From a Federal Circuit Court Judgment

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file a notice of appeal where filing was completed one minute late.' 'Whether the proposed appeal had reasonable prospects of success.' 'Whether the Immigration Assessment Authority erred by not obtaining further information from the doctor or clinic about medical certificates.' "Whether the Immigration Assessment Authority erred in considering that the applicant's statutory declaration did not mention attacks on his parents when assessing credibility."]

Ratio Decidendi

Although the applicant's solicitors commenced attempting to file the notice of appeal within the required time and there was no prejudice to the first respondent, the applicant gave no adequate explanation for his delay and the proposed grounds of appeal had no reasonable prospects of success. Section 473DC(2) meant the Authority had no duty to obtain further information about the medical certificates or to seek an explanation about the discrepancy between the statutory declaration and later claims, and it was open to the Authority to rely on that discrepancy in assessing credibility.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time to file a notice of appeal is dismissed.' "The applicant pay the first respondent's costs of the application."]