ESK18 v Minister for Home Affairs [2019] FCA 935

FEDERAL COURT OF AUSTRALIA

ESK18 v Minister for Home Affairs [2019] FCA 935 Appeal from: Application for extension of time and leave to appeal: ESK18 v Minister for Home Affairs [2018] FCCA 3432

File number: NSD 74 of 2019

Judge: BANKS-SMITH J

Date of judgment: 19 June 2019

Catchwords: MIGRATION - application for extension of time to seek leave to appeal - where protection visa refused - where review application to Federal Circuit Court dismissed at show cause hearing - where persecution claim based on private family dispute, on inter-religious marriage and on alleged profile in India from offending in Australia - where challenge to country information - where applicant seeks to re-argue matters before Tribunal - where no sufficient prospects of success on appeal - application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 5H, 36(2)(a), 36(2)(aa) Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court Rules 2011 (Cth) r 35.14, 36.05

Cases cited: ASW17 v Minister for Home Affairs [2018] FCA 1815 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Mehmood v Attorney-General (Cth) [2013] FCA 406 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 Minogue v Williams [2000] FCA 125 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 WAAD v Minister for Immigration & Multicultural Affairs [2002] FCAFC 399