AAW16 v Minister for Immigration and Border Protection [2017] FCA 49

FEDERAL COURT OF AUSTRALIA

AAW16 v Minister for Immigration and Border Protection [2017] FCA 49 Appeal from: Application for extension of time: AAW16 v Minister for Immigration & Anor [2016] FCCA 1643

File number: NSD 1666 of 2016

Judge: BROMWICH J

Date of judgment: 3 February 2017

Catchwords: MIGRATION – application for relief pursuant to s 39B of the Judiciary Act 1903 (Cth) – original application replaced by application for an extension of time to file a notice of appeal – appeal from Federal Circuit Court decision dismissing an application for judicial review of Tribunal's refusal of protection visa application – where draft notice of appeal included fresh evidence ground pertaining to facts and circumstances not in existence at time of Tribunal's decision – where fresh evidence ground disclosed no reasonable prospect of success – where remaining grounds in draft notice of appeal disclosed no reasonable prospect of success – held: application for an extension of time dismissed with costs – held: originating application for relief under s 39B dismissed with costs

Legislation: Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 36(2)(aa), 48A, 48B, 474, 475, 476, 476(1), 477(2)

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 131; (2003) 131 FCR 146 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 476 Re Commonwealth of Australia; Ex parte Marks [2000] HCA 67; (2000) 177 ALR 491 Re Refugee Review Tribunal; ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; (2013) 212 FCR 235 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; (2016) 238 FCR 456