ABE19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1495

ABE19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1495

The applicant failed to establish any reasonably arguable error by the primary judge, did not provide an adequate explanation for the delay, and did not make out grounds that warranted an extension of time or leave to appeal. The best interests of the child argument was not relevant to the judicial procedural discretion exercised by the court.

Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
['extension of Time in Appeals' 'leave to Appeal' 'judicial Review' 'discretionary Procedural Powers']
['administrative and Constitutional Law' 'human Rights' 'migration Law'] ['extension of Time in Appeals' 'leave to Appeal' 'judicial Review' 'discretionary Procedural Powers']

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. 1 ['Whether the application for extension of time and leave to appeal should be granted' "Whether the primary judge erred in refusing to set aside the Registrar's dismissal of the applicant's judicial review application" 'Whether proposed grounds of appeal are reasonably arguable']

Ratio Decidendi

The applicant failed to establish any reasonably arguable error by the primary judge, did not provide an adequate explanation for the delay, and did not make out grounds that warranted an extension of time or leave to appeal. The best interests of the child argument was not relevant to the judicial procedural discretion exercised by the court.

Court Disposition

Application dismissed

Orders

  • ['The application for extension of time and leave to appeal filed on 12 August 2021 be refused.' "The applicant pay the first respondent's costs, to be agreed or assessed."]