ADB16 v Minister for Immigration and Border Protection [2017] FCA 1628

ADB16 v Minister for Immigration and Border Protection [2017] FCA 1628

The application for extension of time was dismissed because the applicant's grounds were without substance, the Tribunal's findings were supported, and there was no sufficient doubt or substantial injustice to justify granting leave.

Parties
Applicant: ADB16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 November 2017
Procedural Posture
Application for Extension of Time / Judgment on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Migration, Extension of Time, Review of Administrative Appeals Tribunal Decision, Protection Visa
Administrative Law Migration Extension of Time Review of Administrative Appeals Tribunal Decision Protection Visa

Case Brief

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Parties

ADB16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether an extension of time should be granted to challenge the decision refusing Constitutional writ relief in respect of protection visa application
  2. 2 Whether the applicant’s grounds raise any substantial merit to justify an extension of time

Ratio Decidendi

The application for extension of time was dismissed because the applicant's grounds were without substance, the Tribunal's findings were supported, and there was no sufficient doubt or substantial injustice to justify granting leave.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time be dismissed.
  • The applicant pay the first respondent's costs.