BHY16 v Minister for Home Affairs [2019] FCA 1907

BHY16 v Minister for Home Affairs [2019] FCA 1907

The application for an extension of time to seek leave to appeal was refused because the applicants failed to articulate any reasonably arguable ground of appeal or judicial review and no procedural unfairness warranting intervention was established; thus, any appeal would have no reasonable prospects of success and granting an extension would be futile.

Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Application to Extend Time to Seek Leave to Appeal / Interlocutory Application – Decision Refusing Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['extension of Time' 'judicial Review' 'leave to Appeal' 'procedural Fairness']
['administrative Law' 'migration Law'] ['extension of Time' 'judicial Review' 'leave to Appeal' 'procedural Fairness']

Case Brief

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Procedural Posture

Application to Extend Time to Seek Leave to Appeal / Interlocutory Application – Decision Refusing Extension of Time

Legal Issues

  1. 1 ["Whether extension of time to seek leave to appeal from Federal Circuit Court's decision should be granted" "Whether the applicants had any reasonably arguable ground for judicial review of the Tribunal's decision" 'Whether applicants were denied procedural fairness at hearings below']

Ratio Decidendi

The application for an extension of time to seek leave to appeal was refused because the applicants failed to articulate any reasonably arguable ground of appeal or judicial review and no procedural unfairness warranting intervention was established; thus, any appeal would have no reasonable prospects of success and granting an extension would be futile.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ["The applicants' application for an extension of time be dismissed." "The applicants pay the first respondent's costs of and incidental to the application."]