Syed v Minister for Immigration and Border Protection [2018] FCA 138

Syed v Minister for Immigration and Border Protection [2018] FCA 138

There was no acceptable explanation for the delay in filing the application, and the proposed ground of appeal does not raise an arguable case of jurisdictional error in the Tribunal's decision; accordingly, the application for extension of time and leave to appeal is dismissed.

Parties
First Applicant: Ismail Zabi Ahmed Syed; Second Applicant: Meharunnisa Meharunnisa; Third Applicant: Syed Afiyah Fatima Syeda Afiyah Fatima; Fourth Applicant: Alyan Ahmed Syed; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 February 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory Appeal From Decision of Federal Circuit Court
Outcome
Application for extension of time and leave to appeal dismissed, with costs.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Jurisdictional Error
Administrative Law Migration Law Extension of Time Leave to Appeal Judicial Review Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ismail Zabi Ahmed Syed

First Applicant

Meharunnisa Meharunnisa

Second Applicant

Syed Afiyah Fatima Syeda Afiyah Fatima

Third Applicant

Alyan Ahmed Syed

Fourth Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether acceptable reason for delay in appeal filing
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether any arguable case of jurisdictional error on part of Tribunal

Ratio Decidendi

There was no acceptable explanation for the delay in filing the application, and the proposed ground of appeal does not raise an arguable case of jurisdictional error in the Tribunal's decision; accordingly, the application for extension of time and leave to appeal is dismissed.

Court Disposition

Application for extension of time and leave to appeal dismissed, with costs.

Orders

  • The application for an extension of time and leave to appeal is dismissed, with costs.