AYG15 v Minister for Immigration and Border Protection [2017] FCA 1408

FEDERAL COURT OF AUSTRALIA

AYG15 v Minister for Immigration and Border Protection [2017] FCA 1408 Appeal from: Application for extension of time to appeal: AYG15 v Minister for Immigration & Anor [2016] FCCA 1697

File number(s): QUD 678 of 2016

Judge(s): SIOPIS J

Date of judgment: 29 November 2017

Date of hearing: 8 November 2017

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 40

Counsel for the Applicant: The Applicant appeared in person.

Counsel for the First Respondent: Ms E Tattersall

Solicitor for the First Respondent: Sparke Helmore

ORDERS QUD 678 of 2016

BETWEEN: AYG15 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: SIOPIS J DATE OF ORDER: 29 november 2017

THE COURT ORDERS THAT:

1. The applicant's application for an extension of time to appeal filed on 30 August 2016 is dismissed. 2. The applicant is to pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

SIOPIS J: 1 This is an application for an extension of time to appeal from a decision of the Federal Circuit Court of Australia dismissing the applicant's application for judicial review of a decision of the Refugee Review Tribunal, now the Administrative Appeals Tribunal (the Tribunal). 2 The applicant is a 30 year old male citizen of Sri Lanka of Tamil ethnicity, who arrived in Australia in May 2012 as an unauthorised maritime arrival. 3 On 19 September 2012, the applicant made an application for a protection visa, in which he claimed to fear harm in Sri Lanka on the basis of his Tamil ethnicity, his imputed support of the Liberation Tigers of Tamil Eelam (LTTE) and as a member of the social group of failed asylum seekers who departed Sri Lanka illegally. 4 The applicant's application for a protection visa was refused by a delegate of the first respondent, the Minister for Immigration and Border Protection, on 24 July 2013. The applicant then applied to the Tribunal for a review of the delegate's decision. 5 On 22 May 2015, the Tribunal affirmed the decision of the delegate. 6 On 8 July 2016, the Federal Circuit Court dismissed the applicant's application for judicial review of the Tribunal decision. The applicant now seeks an extension of time to appeal to this Court from the orders of the Federal Circuit Court.