Aulakh v Minister for Immigration and Border Protection [2017] FCA 321

Aulakh v Minister for Immigration and Border Protection [2017] FCA 321

The application failed because the court was not satisfied any jurisdictional error was demonstrated and there were no reasonably arguable grounds for judicial review or sufficient explanation for the delay.

Jurisdiction
Australia
Judgment Date
28 March 2017
Procedural Posture
Judicial Review Application / Final Determination
Outcome
Application dismissed with costs
Legal Topics
['judicial Review' 'extension of Time' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'extension of Time' 'jurisdictional Error']

Case Brief

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Procedural Posture

Judicial Review Application / Final Determination

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in refusing to grant an extension of time under s 447(2) of the Migration Act 1958 (Cth)' "Whether jurisdictional error was demonstrated in the Federal Circuit Court's decision"]

Ratio Decidendi

The application failed because the court was not satisfied any jurisdictional error was demonstrated and there were no reasonably arguable grounds for judicial review or sufficient explanation for the delay.

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed.' "The applicants pay the first respondent's costs of the application."]