AFJ16 v Minister for Immigration and Border Protection [2017] FCA 523

The appeal is moot because the appellant is not in Australia and cannot satisfy the requirement of presence for a protection visa, making any decision in his favour futile.

Jurisdiction: Australia
Judgment Date: 11 May 2017
Procedural Posture: Appeal / Final Judgment
Outcome: Appeal dismissed
Legal Topics: ['judicial Review' 'protection Visa' 'jurisdiction' 'mootness']

['administrative Law' 'migration Law' 'human Rights'] ['judicial Review' 'protection Visa' 'jurisdiction' 'mootness']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

1 ["Whether the appeal is moot due to appellant's absence from Australia" "Whether the Tribunal had jurisdiction to review the delegate's decision given late filing" 'Whether the Tribunal could extend the 28 day period for lodging the application for review']

Ratio Decidendi

The appeal is moot because the appellant is not in Australia and cannot satisfy the requirement of presence for a protection visa, making any decision in his favour futile.

Court Disposition

Appeal dismissed

Orders

['The appeal be dismissed' 'The Appellant is to pay the costs of the first Respondent to be taxed in the absence of agreement']