BIZ16 v Minister for Immigration and Border Protection [2018] FCA 219

BIZ16 v Minister for Immigration and Border Protection [2018] FCA 219

Leave to appeal and an extension of time were refused because the applicants did not show sufficient doubt about the correctness of either Federal Circuit Court judgment. The refusal of an adjournment involved no demonstrated appealable discretionary error, and the dismissal of the judicial review application was not shown to be wrong because the proposed grounds did not identify jurisdictional error by the Tribunal and sought in substance to bring a new judicial review case on appeal. In those circumstances, no substantial injustice was shown and granting an extension of time would be pointless.

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application to Extend Time and for Leave to Appeal From Federal Circuit Court Judgments Dismissing an Adjournment Application and Judicial Review Application
Outcome
Application to extend time and for leave to appeal dismissed; applicants ordered to pay the first respondent's costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visas' 'judicial Review' 'jurisdictional Error' 'adjournment' 'unrepresented Litigants']
['migration' 'administrative Law' 'appellate Procedure'] ['extension of Time' 'leave to Appeal' 'protection Visas' 'judicial Review' 'jurisdictional Error' 'adjournment' 'unrepresented Litigants']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Application to Extend Time and for Leave to Appeal From Federal Circuit Court Judgments Dismissing an Adjournment Application and Judicial Review Application

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the applicants to seek leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's refusal of an adjournment." "Whether leave to appeal should be granted from the Federal Circuit Court's dismissal of the judicial review application." 'Whether the proposed grounds of appeal disclosed arguable jurisdictional error by the Tribunal or appealable error by the Federal Circuit Court.']

Ratio Decidendi

Leave to appeal and an extension of time were refused because the applicants did not show sufficient doubt about the correctness of either Federal Circuit Court judgment. The refusal of an adjournment involved no demonstrated appealable discretionary error, and the dismissal of the judicial review application was not shown to be wrong because the proposed grounds did not identify jurisdictional error by the Tribunal and sought in substance to bring a new judicial review case on appeal. In those circumstances, no substantial injustice was shown and granting an extension of time would be pointless.

Court Disposition

Application to extend time and for leave to appeal dismissed; applicants ordered to pay the first respondent's costs.

Orders

  • ['The application to extend time and for leave to appeal dated 5 September 2017 be dismissed.' "The applicants pay the first respondent's costs."]