ATW15 v Minister for Immigration and Border Protection [2017] FCA 1439

FEDERAL COURT OF AUSTRALIA

ATW15 v Minister for Immigration and Border Protection [2017] FCA 1439 Appeal from: Application for leave to appeal: ATW15 v Minister for Immigration & Border Protection & Anor [2015] FCCA 1830

File number(s): NSD 886 of 2015

Judge(s): JAGOT J

Date of judgment: 1 December 2017

Catchwords: MIGRATION – application for extension of time and leave to appeal – whether Refugee Review Tribunal engaged in an illegitimate form of reasoning in affirming Minister's decision not to grant a protection visa – Tribunal gave detailed consideration to applicant's claims – applicant's arguments have no material prospect of success – application for extension of time and leave to appeal dismissed

Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12

Cases cited: ATW15 v Minister for Immigration & Border Protection & Anor [2015] FCCA 1830

Date of hearing: 1 December 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 14

Counsel for the Applicant: B Zipser

Solicitor for the First Respondent: C Hillary of DLA Piper Australia

ORDERS NSD 886 of 2015

BETWEEN: ATW15 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: JAGOT J DATE OF ORDER: 1 DECEMBER 2017

THE COURT ORDERS THAT:

1. The applicant be granted leave to rely upon the amended application for extension of time and leave to appeal attached to the written submissions for the applicant dated 23 November 2017. 2. The amended application for extension of time and leave to appeal be dismissed. 3. 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.