APC16 v Minister for Immigration and Border Protection [2019] FCA 847

APC16 v Minister for Immigration and Border Protection [2019] FCA 847

The applicant failed to provide an adequate explanation for his delay in filing the appeal. Even if an extension was granted, the leave to appeal would be refused because the underlying Circuit Court's refusal to reinstate the proceedings was not attended by sufficient doubt and disclosed no appealable error—there was no jurisdictional error and no denial of procedural fairness by the Tribunal.

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Federal Court of Australia – Application Following Dismissal in Federal Circuit Court
Outcome
Application for extension of time and leave to appeal dismissed. Costs ordered against applicant.
Legal Topics
['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'procedural Fairness' 'judicial Review']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'procedural Fairness' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Federal Court of Australia – Application Following Dismissal in Federal Circuit Court

Legal Issues

  1. 1 ['Whether adequate explanation was provided for the 73 day delay in filing the appeal' "Whether there was an error justifying leave to appeal the Circuit Court's refusal to reinstate proceedings" 'Whether the Circuit Court had erred in law or denied procedural fairness']

Ratio Decidendi

The applicant failed to provide an adequate explanation for his delay in filing the appeal. Even if an extension was granted, the leave to appeal would be refused because the underlying Circuit Court's refusal to reinstate the proceedings was not attended by sufficient doubt and disclosed no appealable error—there was no jurisdictional error and no denial of procedural fairness by the Tribunal.

Court Disposition

Application for extension of time and leave to appeal dismissed. Costs ordered against applicant.

Orders

  • ['The application for extension of time and leave to appeal is dismissed.' "The Applicant pay the First Respondent's costs of and incidental to the application."]