AJC15 v Minister for Immigration and Border Protection [2016] FCA 562

AJC15 v Minister for Immigration and Border Protection [2016] FCA 562

The application for an extension of time to seek leave to appeal was dismissed because the applicant failed to demonstrate any arguable case of error on the part of the primary judge and there was no error of law or fact identified in the Federal Circuit Court judgment.

Parties
Applicant: AJC15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Migration – Application for Extension of Time to Seek Leave to Appeal / Ruling on Application for Extension of Time to Seek Leave to Appeal
Outcome
Application dismissed; costs awarded against applicant
Legal Topics
Application for Extension of Time, Leave to Appeal, Dismissal of Application for Judicial Review, Procedural Fairness, Costs
Administrative and Constitutional Law and Human Rights Application for Extension of Time Leave to Appeal Dismissal of Application for Judicial Review Procedural Fairness Costs

Case Brief

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Parties

AJC15

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Migration – Application for Extension of Time to Seek Leave to Appeal / Ruling on Application for Extension of Time to Seek Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to seek leave to appeal
  2. 2 Whether there was an arguable case of jurisdictional error by the Tribunal
  3. 3 Whether the Federal Circuit Court erred in refusing to reinstate the application for judicial review

Ratio Decidendi

The application for an extension of time to seek leave to appeal was dismissed because the applicant failed to demonstrate any arguable case of error on the part of the primary judge and there was no error of law or fact identified in the Federal Circuit Court judgment.

Court Disposition

Application dismissed; costs awarded against applicant

Orders

  • The applicant's notice of appeal be treated as an application for extension of time to seek leave to appeal.
  • The application for an extension of time to seek leave to appeal be dismissed.