AHT16 v Minister for Immigration and Border Protection [2018] FCA 712

AHT16 v Minister for Immigration and Border Protection [2018] FCA 712

The application for extension of time and leave to appeal was dismissed because the proposed appeal had little or no prospects of success, no jurisdictional error by the Tribunal or Federal Circuit Court was demonstrated, and there was no other reason why leave should be granted.

Jurisdiction
Australia
Judgment Date
22 May 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'extension of Time' 'complementary Protection' 'jurisdictional Error']
['administrative Law' 'immigration Law'] ['protection Visa' 'judicial Review' 'extension of Time' 'complementary Protection' 'jurisdictional Error']

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 an extension of time and leave to appeal should be granted' "Whether the Tribunal or Federal Circuit Court committed a jurisdictional error in relation to the appellant's medical evidence and ability to work" 'Whether the Tribunal erred in its findings about the risk of harm and access to medical treatment if the appellant returned to Bangladesh']

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because the proposed appeal had little or no prospects of success, no jurisdictional error by the Tribunal or Federal Circuit Court was demonstrated, and there was no other reason why leave should be granted.

Court Disposition

Application for extension of time and leave to appeal dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The appellant do pay the first respondent's costs to be assessed if not agreed."]