ADZ15 v Minister for Immigration and Border Protection [2016] FCA 603

ADZ15 v Minister for Immigration and Border Protection [2016] FCA 603

The application for extension of time must be dismissed because the applicant did not provide a reasonable explanation for the delay, the proposed grounds of appeal have no reasonable prospects of success, and there is no jurisdictional error in the Tribunal or primary judge's assessments.

Parties
Applicant: ADZ15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time to Appeal From Federal Circuit Court Decision
Outcome
Application dismissed; costs to first respondent
Legal Topics
Extension of Time, Judicial Review, Protection Visa, Procedural Fairness, Jurisdictional Error
Migration Law Administrative Law Extension of Time Judicial Review Protection Visa Procedural Fairness Jurisdictional Error

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Parties

ADZ15

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time to Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal from the decision of the Federal Circuit Court
  2. 2 Whether the applicant has provided a reasonable explanation for the delay
  3. 3 Whether there is merit in the proposed appeal grounds

Ratio Decidendi

The application for extension of time must be dismissed because the applicant did not provide a reasonable explanation for the delay, the proposed grounds of appeal have no reasonable prospects of success, and there is no jurisdictional error in the Tribunal or primary judge's assessments.

Court Disposition

Application dismissed; costs to first respondent

Orders

  • The application be dismissed.
  • The applicant pay the costs of the first respondent, to be taxed if not agreed.