Domany v Minister for Home Affairs [2019] FCA 1509

Domany v Minister for Home Affairs [2019] FCA 1509

The application for extension of time is refused because the applicant's underlying appeal has no prospects of success: the Administrative Appeals Tribunal lacked jurisdiction as the application for merits review was not made within the prescribed period and not accompanied by the prescribed fee, both mandatory statutory preconditions.

Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Migration Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed.
Legal Topics
['extension of Time' 'jurisdiction of Administrative Appeals Tribunal' 'visa Applications' 'review of Migration Decisions']
['administrative Law' 'migration Law'] ['extension of Time' 'jurisdiction of Administrative Appeals Tribunal' 'visa Applications' 'review of Migration Decisions']

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

Migration Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the applicant to appeal a decision of the Federal Circuit Court' "Whether the Administrative Appeals Tribunal had jurisdiction to consider the applicant's review application" 'Whether the statutory preconditions for the exercise of jurisdiction by the Tribunal were satisfied']

Ratio Decidendi

The application for extension of time is refused because the applicant's underlying appeal has no prospects of success: the Administrative Appeals Tribunal lacked jurisdiction as the application for merits review was not made within the prescribed period and not accompanied by the prescribed fee, both mandatory statutory preconditions.

Court Disposition

Application for extension of time dismissed.

Orders

  • ['The application for an extension of time filed 22 March 2019 is dismissed.' "The applicant is to pay the first respondent's costs of the application to be taxed failing agreement."]