WAAR v Minister for Immigration and Multicultural Affairs [2002] FCAFC 11; [2002] FCA 105

WAAR v Minister for Immigration and Multicultural Affairs [2002] FCAFC 11; [2002] FCA 105

The appellant did not identify any procedural error by the Refugee Review Tribunal or any error in Hill J's reasons, but only challenged the Tribunal's factual conclusions. Because the proposed appeal was doomed to fail, time for lodging the appeal should not be extended and leave to appeal should be refused.

Jurisdiction
Australia
Judgment Date
11 February 2002
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa and Review by the Refugee Review Tribunal / Application for Leave to Appeal Out of Time From a Judge of the Federal Court of Australia
Outcome
Application for leave to appeal refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection Visa and Review by the Refugee Review Tribunal / Application for Leave to Appeal Out of Time From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether time for lodging the appeal should be extended where the notice of appeal was filed outside the 21 days allowed by the Rules of the Court.' "Whether the appellant identified any error in Hill J's reasons or in the procedures followed by the Refugee Review Tribunal, as distinct from disagreement with the Tribunal's factual conclusions."]

Ratio Decidendi

The appellant did not identify any procedural error by the Refugee Review Tribunal or any error in Hill J's reasons, but only challenged the Tribunal's factual conclusions. Because the proposed appeal was doomed to fail, time for lodging the appeal should not be extended and leave to appeal should be refused.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • ['The application for leave to appeal be refused with costs.']