BIS16 v Minister for Immigration and Border Protection [2018] FCA 701

BIS16 v Minister for Immigration and Border Protection [2018] FCA 701

The application for extension of time was dismissed because the reasons for delay were unsatisfactory and, more importantly, the merits of the applicant's case were bound to fail as the Tribunal had properly considered the relevant issue, and no jurisdictional error was established.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Application for Extension of Time to Appeal / Final Determination on Application
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time' 'jurisdictional Error' 'merits Review']
['administrative Law' 'migration Law'] ['extension of Time' 'jurisdictional Error' 'merits Review']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Final Determination on Application

Legal Issues

  1. 1 ['Whether the applicants provided a satisfactory explanation for the delay' 'Whether granting an extension of time would serve any utility given the merits of the case' "Whether there was a jurisdictional error in the Tribunal's decision"]

Ratio Decidendi

The application for extension of time was dismissed because the reasons for delay were unsatisfactory and, more importantly, the merits of the applicant's case were bound to fail as the Tribunal had properly considered the relevant issue, and no jurisdictional error was established.

Court Disposition

Application for extension of time dismissed

Orders

  • ["The first applicant's application for an extension of time be dismissed." "The second applicant's application for an extension of time be dismissed, pursuant to rule 36.75 of the Federal Court Rules 2011 (Cth), in default of appearance." 'The first applicant pay the costs of the first respondent, to be agreed or...