AAB16 v Minister for Immigration and Border Protection [2016] FCA 1375

None of the proposed grounds of appeal had any arguable substance. The applicant failed to demonstrate any jurisdictional or appealable error. The application for extension of time and leave to appeal was dismissed, as the grounds raised impermissible merits review and did not disclose jurisdictional error.

Jurisdiction: Australia
Judgment Date: 21 November 2016
Procedural Posture: Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome: Application for extension of time and leave to appeal dismissed.
Legal Topics: ['extension of Time' 'leave to Appeal' 'credibility Findings' 'jurisdictional Error' 'procedural Fairness']

['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'credibility Findings' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

1 ['Whether grounds of appeal disclose an arguable appealable error' "Whether there was jurisdictional error in Tribunal's decision" 'Whether applicant was denied procedural fairness' 'Whether time for appeal should be extended']

Ratio Decidendi

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

['The application for an extension of time and leave to appeal dated 19 August 2016 be dismissed.' "The applicant pay the first respondent's costs, as agreed or assessed."]