Lin v Minister for Immigration and Border Protection [2016] FCA 933

Lin v Minister for Immigration and Border Protection [2016] FCA 933

Although the delay was short, explained, and caused no prejudice to the Minister, the proposed appeal had no real prospect of success. The alleged procedural fairness ground was unparticularised and disclosed no error in the primary judge's analysis, and any proceedings by WXZ concerning the nomination application could not bear on the correctness of the primary judge's judgment or provide a basis for appellate relief. The extension of time was therefore refused.

Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Application for Extension of Time to File a Notice of Appeal in a Migration Matter / Federal Court Application for Extension of Time to Appeal From Dismissal of Judicial Review by the Federal Circuit Court
Outcome
Application for extension of time dismissed with costs payable to the First Respondent.
Legal Topics
['extension of Time to Appeal' 'merits of Proposed Appeal' 'judicial Review of Migration Decision' 'employer Nomination (residence) (class Bw) Visa' 'procedural Fairness' 'jurisdictional Error']
['practice and Procedure' 'migration Law' 'administrative Law'] ['extension of Time to Appeal' 'merits of Proposed Appeal' 'judicial Review of Migration Decision' 'employer Nomination (residence) (class Bw) Visa' 'procedural Fairness' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal in a Migration Matter / Federal Court Application for Extension of Time to Appeal From Dismissal of Judicial Review by the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to institute an appeal against the Federal Circuit Court judgment.' 'Whether the proposed appeal had sufficient merit or any real prospect of success.' "Whether alleged procedural fairness error by the Tribunal disclosed error in the primary judge's judgment." 'Whether proceedings said to have been brought by WXZ concerning the nomination application could affect the proposed appeal.']

Ratio Decidendi

Although the delay was short, explained, and caused no prejudice to the Minister, the proposed appeal had no real prospect of success. The alleged procedural fairness ground was unparticularised and disclosed no error in the primary judge's analysis, and any proceedings by WXZ concerning the nomination application could not bear on the correctness of the primary judge's judgment or provide a basis for appellate relief. The extension of time was therefore refused.

Court Disposition

Application for extension of time dismissed with costs payable to the First Respondent.

Orders

  • ["The Applicants' application for an extension of time is dismissed." "The Applicants pay the First Respondent's costs of the application."]