ATB15 v Minister for Immigration and Border Protection [2016] FCA 889

FEDERAL COURT OF AUSTRALIA

ATB15 v Minister for Immigration and Border Protection [2016] FCA 889 Appeal from: ATB15 v Minister for Immigration & Anor [2015] FCCA 3189

File number(s): WAD 124 of 2016

Judge(s): NORTH J

Date of judgment: 1 August 2016

Legislation: Federal Court Rules 2011 r. 36.03(a)

Date of hearing: 1 August 2016

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No catchwords

Number of paragraphs: 26

Counsel for the Applicant: The Applicant appeared in person.

Counsel for the Respondents: Mr A Burgess

Solicitor for the Respondents: Sparke Helmore

ORDERS WAD 124 of 2016

BETWEEN: ATB15 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: NORTH J DATE OF ORDER: 1 August 2016

THE COURT ORDERS THAT:

1. The application for an extension of time in which to appeal from the judgment of Judge Hartnett delivered on 1 December 2015 is refused. 2. The applicant pay the first respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

NORTH J:

INTRODUCTION 1 Before the Court is an application for an extension of time within which to file a notice of appeal from the Federal Circuit Court to this Court. On 1 December 2015, the Federal Circuit Court dismissed an application for review of a decision of the then Refugee Review Tribunal, now the Administrative Appeals Tribunal, made on 31 March 2015. The Tribunal affirmed a decision of a delegate of the first respondent, the Minister for Immigration and Border Protection, not to grant the applicant a protection visa. 2 The applicant is a citizen of Sri Lanka. He is Sinhalese and Catholic. He lived in a village near Negombo. His occupation was fisherman. He arrived in Australia on 23 July 2012. He left Sri Lanka unlawfully from Negombo Bay and travelled to Australia by boat.