FHB17 v Minister for Immigration and Border Protection [2019] FCA 161

FEDERAL COURT OF AUSTRALIA

FHB17 v Minister for Immigration and Border Protection [2019] FCA 161 Appeal from: Application for extension of time: FHB17 v Minister for Immigration [2018] FCCA 1223

File number: NSD 1809 of 2018

Judge: KERR J

Date of judgment: 14 February 2019

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time within which to appeal from a decision of the Federal Circuit Court of Australia – where application for extension of time filed over three months out of time – principles governing application for extension of time – where primary judge's reasons delivered ex tempore and written reasons not provided for over three months – leave refused on the basis that the proposed appeal lacks sufficient prospects of success MIGRATION – where primary judge dismissed an application for review of a decision of the Immigration Assessment Authority affirming a decision of a delegate of the Minister refusing the Applicant a Safe Haven Enterprise Visa – whether primary judge failed to give adequate reasons – whether the primary judge's decision was unreasonable, lacked evidence, or lacked a logical or probative basis – whether the primary judge made adverse credibility findings regarding the Applicant

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473DD, Pt 7AA Federal Court Rules 2011 (Cth) rr 36.05(1), 36.03

Cases cited: DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 DWK17 v Minister for Home Affairs [2019] FCA 66 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; 3 FCR 344 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86