BJM15 v Minister for Immigration and Border Protection [2021] FCA 786

Federal Court of Australia

BJM15 v Minister for Immigration and Border Protection [2021] FCA 786 Appeal from: Application for extension of time: BJM15 v Minister for Immigration and Border Protection [2018] FCCA 894

File number: WAD 93 of 2021

Judgment of: COLVIN J

Date of judgment: 12 July 2021

Catchwords: MIGRATION - application for extension of time to appeal from decision of Federal Circuit Court - application for urgent injunction to restrain removal - where claim to injunctive relief dependent on merits of application for extension of time - where Federal Circuit Court dismissed application for review of decision of Refugee Review Tribunal - where Tribunal affirmed decision of delegate of Minister to refuse protection visa - where delay of three years in applying for extension - where applicant claims fear to harm on basis of adverse encounter whilst working in nightclub - where Tribunal found photographs of applicant in nightclub not corroborative of applicant's account that he worked in nightclub - where applicant seeks to advance appeal ground not raised before primary judge - where leave required to adduce further evidence in appeal - whether proposed appeal ground demonstrated to have reasonable prospects of success - application for extension of time dismissed - application for injunctive relief dismissed

Legislation: Migration Act 1958 (Cth) ss 198, 477, 477A

Cases cited: ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 CGA15 v Minister for Home Affairs [2019] FCAFC 46; (2019) 268 FCR 362 CGQ15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 Coulton v Holcombe (1986) 162 CLR 1 CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Fualau v Minister for Home Affairs [2020] FCAFC 11 Han v Minister for Home Affairs [2019] FCA 331 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929 Jackamarra v Krakouer (1998) 195 CLR 516 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 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 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Northern Land Council v Quall (No 3) [2021] FCAFC 2 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 30 Parker v The Queen [2002] FCAFC 133 Re Commonwealth of Australia (Department of Defence); Ex parte Marks [2000] HCA 67 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; (2016) 243 FCR 220 Vu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 90; (2020) 276 FCR 516 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 WQRJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 736