CLF15 v Minister for Immigration and Border Protection

In the case of CLF15 v Minister for Immigration and Border Protection, the applicant, a citizen of Mongolia, sought an extension of time and leave to appeal the decision of the Court below which dismissed his application for special leave to appeal. The Court below had dismissed the applicant’s appeal from the Tribunal’s decision to refuse his second application for a protection visa. The applicant’s first application for a protection visa was made using a false name and false nationality and was refused. The Tribunal found that the applicant’s evidence was “contradictory, implausible and unconvincing” and that he had fabricated his claims. The Court below upheld the Tribunal’s decision. The primary issue for the Court was whether the application for an extension of time and leave to appeal should be granted. The applicant argued that he was unable to obtain pro bono legal assistance in time. The Minister submitted that the application for leave to appeal would have no reasonable prospects of success and that there was no substantial injustice if the application were dismissed. The Court found that while the applicant had provided a reasonable explanation for the delay, the appeal would have no reasonable prospects of success and there was no substantial injustice if the application were dismissed. The Court dismissed the application for an extension of time and leave to appeal and ordered the applicant to pay the first respondent’s costs.