ECJ17 v Minister for Home Affairs [2019] FCA 2121

FEDERAL COURT OF AUSTRALIA

ECJ17 v Minister for Home Affairs [2019] FCA 2121 Appeal from: Application for extension of time: ECJ17 v Minister for Immigration and Border Protection [2018] FCCA 3228

File number: WAD 442 of 2018

Judge: BANKS-SMITH J

Date of judgment: 20 December 2019

Catchwords: MIGRATION - application for extension of time to appeal - unauthorised maritime arrival - fast track review - where Authority rejected claims as to bomb blast outside applicant's home - where generalised claim that Authority failed to engage in intellectual process - where no error disclosed - where delay in provision of reasons explained delay but the proposed grounds of appeal reveal no sufficient prospect of success - where application to adduce new evidence refused - application dismissed

Legislation: Evidence Act 1995 (Cth) ss 55, 56 Migration Act 1958 (Cth) ss 5H, 36, Part 7AA Federal Court Rules 2011 (Cth) r 36.03

Cases cited: AIM15 v Minister for Immigration and Border Protection [2017] FCA 734 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93; (2017) 251 FCR 23 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 MZXHY v Minister for Immigration and Citizenship [2007] FCA 622 MZYXS v Minister for Immigration and Citizenship [2013] FCA 614 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 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 and Multicultural Affairs [2002] FCAFC 399