AVN17 v Minister for Immigration and Border Protection [2018] FCA 937

FEDERAL COURT OF AUSTRALIA

AVN17 v Minister for Immigration and Border Protection [2018] FCA 937 Appeal from: Application for an extension of time: AVN17 v Minister for Immigration & Anor [2017] FCCA 2524

File number: NSD 1979 of 2017

Judge: BESANKO J

Date of judgment: 21 June 2018

Catchwords: MIGRATION – where applicant is a national of Sri Lanka – where applicant claims to be a Tamil from the Eastern Province in Sri Lanka – where applicant claims that his uncle was a commander in the Liberation of Tigers of Tamil Eelam (LTTE) and that he holds a fear that he has been imputed with an LTTE profile and will be harmed by the Sri Lankan authorities should he return to Sri Lanka – where applicant also claims to fear harm due to his prolonged absence from Sri Lanka and his status as a failed asylum seeker – where applicant arrived in Australia as an unauthorised maritime arrival – where applicant lodged an application for a Safe Haven Enterprise visa – where delegate of the Minister for Immigration and Border Protection (delegate) refused to grant the visa – where Immigration Assessment Authority (Authority) affirmed the delegate's decision not to grant the visa – where applicant brought an application for judicial review in the Federal Circuit Court of Australia – where applicant sought constitutional writs in relation to a decision of the Authority under Part 7AA of the Migration Act 1958 (Cth) – where Federal Circuit Court dismissed the applicant's amended application for judicial review PRACTICE AND PROCEDURE – application for extension of time within which to appeal from orders made by the Federal Circuit Court with respect to an application for judicial review – where application for extension of time made five days after the expiration of the 21 day time period in which the applicant was required to file and serve a Notice of Appeal from the orders made by the Federal Circuit Court – consideration of factors relevant to whether an extension of time should be granted – where order made to the effect that the application for extension of time and the appeal (if an extension of time is granted) be heard together – whether appeal lacks sufficient merit to warrant an extension of time being granted – whether Authority's reasoning was illogical or irrational – whether appeal has no prospects of success