AIU17 v Minister for Immigration and Border Protection [2019] FCA 520

AIU17 v Minister for Immigration and Border Protection [2019] FCA 520

The form required for a protection visa application is not a legislative instrument and was not required to be tabled in Parliament. Accordingly, s 48A of the Migration Act applied and precluded the applicant's second protection visa application. The application for extension of time had no prospects of success and was dismissed with costs.

Parties
Applicant: AIU17; Respondent: Minister for Immigration and Border Protection
Jurisdiction
Australia
Judgment Date
15 April 2019
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 for extension of time dismissed with costs
Legal Topics
Protection Visas, Legislative Instruments, Extension of Time, Abuse of Process
Migration Law Administrative Law Protection Visas Legislative Instruments Extension of Time Abuse of Process

Case Brief

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Parties

AIU17

Applicant

Minister for Immigration and Border Protection

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 form used to apply for the protection visa was a legislative instrument
  2. 2 Whether s 48A of the Migration Act 1958 (Cth) applies
  3. 3 Whether extension of time to appeal should be granted

Ratio Decidendi

The form required for a protection visa application is not a legislative instrument and was not required to be tabled in Parliament. Accordingly, s 48A of the Migration Act applied and precluded the applicant's second protection visa application. The application for extension of time had no prospects of success and was dismissed with costs.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • The application for an extension of time in which to file and serve a notice of appeal be dismissed with costs.