CEV16 v Minister for Immigration and Border Protection [2018] FCA 645

CEV16 v Minister for Immigration and Border Protection [2018] FCA 645

The applicant was deemed to have been notified of the delegate's decision such that the prescribed period for lodging a Tribunal review application ended on 14 June 2016. Because the review application was not lodged until 4 July 2016, the Tribunal had no jurisdiction to review the delegate's decision. There was no error in the Federal Circuit Court's summary dismissal, and the proposed appeal had no prospect of success, so the extension of time and leave to appeal should not be granted.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Migration Appeal; Application for Extension of Time and Leave to Appeal / Application for an Extension of Time to File and Serve an Application for Leave to Appeal Against Orders of the Federal Circuit Court of Australia
Outcome
Application for an extension of time to file and serve an application for leave to appeal dismissed with costs; appeal dismissed with costs.
Legal Topics
['protection Visa' 'administrative Appeals Tribunal Jurisdiction' 'time Limits for Review Application' 'notification of Migration Decision' 'extension of Time' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'administrative Appeals Tribunal Jurisdiction' 'time Limits for Review Application' 'notification of Migration Decision' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Migration Appeal; Application for Extension of Time and Leave to Appeal / Application for an Extension of Time to File and Serve an Application for Leave to Appeal Against Orders of the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether time should be extended to file and serve an application for leave to appeal from the Federal Circuit Court orders.' 'Whether leave to appeal should be granted from the Federal Circuit Court orders if an extension of time were granted.' "Whether the Administrative Appeals Tribunal had jurisdiction to review the delegate's refusal of a protection visa where the review application was lodged after the prescribed time limit." "Whether there was any error in the Federal Circuit Court's summary dismissal of the application."]

Ratio Decidendi

The applicant was deemed to have been notified of the delegate's decision such that the prescribed period for lodging a Tribunal review application ended on 14 June 2016. Because the review application was not lodged until 4 July 2016, the Tribunal had no jurisdiction to review the delegate's decision. There was no error in the Federal Circuit Court's summary dismissal, and the proposed appeal had no prospect of success, so the extension of time and leave to appeal should not be granted.

Court Disposition

Application for an extension of time to file and serve an application for leave to appeal dismissed with costs; appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']