BZQ17 v Minister for Immigration and Border Protection [2019] FCA 73

BZQ17 v Minister for Immigration and Border Protection [2019] FCA 73

The application for an extension of time was refused because the explanation for filing 48 days outside the prescribed period was unclear and the material did not show that an appeal from the Federal Circuit Court decision had any prospect of success, notwithstanding the applicants' difficult medical and humanitarian circumstances.

Jurisdiction
Australia
Judgment Date
04 February 2019
Procedural Posture
Migration Application for Extension of Time to Appeal Under R 36.05 of the Federal Court Rules 2011 / Application for Extension of Time to Appeal Dismissed
Outcome
Application dismissed
Legal Topics
['extension of Time to Appeal' 'prospects of Success on Appeal' 'jurisdictional Error' 'medical Needs and Humanitarian Considerations']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'prospects of Success on Appeal' 'jurisdictional Error' 'medical Needs and Humanitarian Considerations']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal Under R 36.05 of the Federal Court Rules 2011 / Application for Extension of Time to Appeal Dismissed

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to appeal against the Federal Circuit Court decision' 'Whether there was a sufficient explanation for the delay in filing the application' 'Whether the proposed appeal had any prospects of success']

Ratio Decidendi

The application for an extension of time was refused because the explanation for filing 48 days outside the prescribed period was unclear and the material did not show that an appeal from the Federal Circuit Court decision had any prospect of success, notwithstanding the applicants' difficult medical and humanitarian circumstances.

Court Disposition

Application dismissed

Orders

  • ['The application for extension of time to appeal be dismissed.' "The first applicant pay the first respondent's costs as agreed or taxed."]