BBW15 v Minister for Immigration and Border Protection [2016] FCA 128

BBW15 v Minister for Immigration and Border Protection [2016] FCA 128

The application for extension of time and leave to appeal was refused because the proposed case had no merit: no error was exposed in the Federal Circuit Court Judge's dismissal of the proceeding and no jurisdictional error was apparent in the Tribunal's reasons or its conclusion that the First Applicant did not satisfy s 36(2)(aa) of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
22 February 2016
Procedural Posture
Application for an Extension of Time and Leave to Appeal / Federal Court Application for Extension of Time and Leave to Appeal From a Federal Circuit Court Decision
Outcome
The Application for an extension of time and leave to appeal was refused, the proceeding was otherwise dismissed, and the First and Second Applicants were ordered to pay the First Respondent's costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visas' 'jurisdictional Error' 'interlocutory Decision']
['practice and Procedure' 'migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'protection Visas' 'jurisdictional Error' 'interlocutory Decision']

Case Brief

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Procedural Posture

Application for an Extension of Time and Leave to Appeal / Federal Court Application for Extension of Time and Leave to Appeal From a Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether time should be extended to seek leave to appeal under the Federal Court Rules 2011 (Cth), r 35.13.' 'Whether leave to appeal should be granted from an interlocutory decision of the Federal Circuit Court.' 'Whether the Federal Circuit Court Judge erred in dismissing the proceeding after non-attendance and failure to identify arguable jurisdictional error.' 'Whether the proposed appeal had apparent merit.']

Ratio Decidendi

The application for extension of time and leave to appeal was refused because the proposed case had no merit: no error was exposed in the Federal Circuit Court Judge's dismissal of the proceeding and no jurisdictional error was apparent in the Tribunal's reasons or its conclusion that the First Applicant did not satisfy s 36(2)(aa) of the Migration Act 1958 (Cth).

Court Disposition

The Application for an extension of time and leave to appeal was refused, the proceeding was otherwise dismissed, and the First and Second Applicants were ordered to pay the First Respondent's costs.

Orders

  • ['The Application for an extension of time and leave to appeal is refused.' 'The proceeding is otherwise dismissed.' 'The First and Second Applicants are to pay the costs of the First Respondent.']