AJB15 v Minister for Immigration and Border Protection [2018] FCA 57

AJB15 v Minister for Immigration and Border Protection [2018] FCA 57

The Court refused the extension of time because the explanation for the seven-day delay was inadequate and, more significantly, the proposed appeal had poor prospects of success. The applicant's Form 866 argument had already been rejected in BVJ16, which was an insurmountable hurdle, so it was not fair and equitable to grant leave to extend time.

Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Application for Extension of Time to File a Notice of Appeal / Federal Court Application for Extension of Time From Decision of the Federal Circuit Court of Australia Dismissing Judicial Review Application
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa Application' 'section 48 a Bar on Further Protection Visa Applications' 'validity of Visa Application Form' 'extension of Time to Appeal' 'judicial Review']
['migration Law' 'administrative Law'] ['protection Visa Application' 'section 48 a Bar on Further Protection Visa Applications' 'validity of Visa Application Form' 'extension of Time to Appeal' 'judicial Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time to File a Notice of Appeal / Federal Court Application for Extension of Time From Decision of the Federal Circuit Court of Australia Dismissing Judicial Review Application

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file a Notice of Appeal seven days out of time.' 'Whether the proposed appeal had sufficient prospects of success where the applicant argued that his earlier protection visa application was invalid because it was not made on the version of Form 866 in force when item 1401 of Sch 1 to the Migration Regulations 1994 (Cth) took effect.' "Whether s 48A of the Migration Act 1958 (Cth) rendered the applicant's second protection visa application invalid."]

Ratio Decidendi

The Court refused the extension of time because the explanation for the seven-day delay was inadequate and, more significantly, the proposed appeal had poor prospects of success. The applicant's Form 866 argument had already been rejected in BVJ16, which was an insurmountable hurdle, so it was not fair and equitable to grant leave to extend time.

Court Disposition

Application dismissed with costs.

Orders

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