AHC16 v Minister for Immigration and Border Protection [2017] FCA 152

AHC16 v Minister for Immigration and Border Protection [2017] FCA 152

The application for extension of time was dismissed because none of the proposed appeal grounds established an arguable case of appealable error, and the errors alleged either concerned the merits (not reviewable for jurisdictional error) or were unparticularised and unsupported by the material.

Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Appeal Application (extension of Time for Leave to Appeal) / Judgment on Application for Extension of Time to Seek Leave to Appeal
Outcome
Application dismissed
Legal Topics
['extension of Time for Appeal' 'judicial Review' 'jurisdictional Error' 'refugee Status Determination']
['administrative Law' 'migration Law'] ['extension of Time for Appeal' 'judicial Review' 'jurisdictional Error' 'refugee Status Determination']

Case Brief

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Procedural Posture

Appeal Application (extension of Time for Leave to Appeal) / Judgment on Application for Extension of Time to Seek Leave to Appeal

Legal Issues

  1. 1 ['Whether an extension of time for leave to appeal should be granted in a migration matter' "Whether primary judge's decision was affected by appealable (jurisdictional) error"]

Ratio Decidendi

The application for extension of time was dismissed because none of the proposed appeal grounds established an arguable case of appealable error, and the errors alleged either concerned the merits (not reviewable for jurisdictional error) or were unparticularised and unsupported by the material.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs."]