AWV15 v Minister for Immigration and Border Protection [2017] FCA 502

AWV15 v Minister for Immigration and Border Protection [2017] FCA 502

Application refused as no explanation was provided for delay and the grounds of proposed appeal lacked merit; no jurisdictional or appealable error identified.

Parties
First Applicant: AWV15; Second Applicant: AZD15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Application for Extension of Time to Appeal / Federal Court Decision on Application for Extension of Time to Appeal From Federal Circuit Court
Outcome
Application refused with costs
Legal Topics
Extension of Time, Judicial Review, Protection Visas, Jurisdictional Error
Migration Extension of Time Judicial Review Protection Visas Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

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Parties

AWV15

First Applicant

AZD15

Second Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Federal Court Decision on Application for Extension of Time to Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether sufficient explanation was provided for delay in filing appeal
  2. 2 Whether the proposed appeal had merit
  3. 3 Whether any appealable or jurisdictional error was apparent

Ratio Decidendi

Application refused as no explanation was provided for delay and the grounds of proposed appeal lacked merit; no jurisdictional or appealable error identified.

Court Disposition

Application refused with costs

Orders

  • The application be refused.
  • The applicants pay the first respondent's costs of the application.