APG16 v Minister for Immigration and Border Protection [2018] FCA 831

APG16 v Minister for Immigration and Border Protection [2018] FCA 831

The application for leave to appeal had to be dismissed because s 476A(3)(a) of the Migration Act 1958 (Cth) made the proposed appeal from the Federal Circuit Court's refusal of an extension of time under s 477(2) incompetent. In any event, the proposed grounds did not identify jurisdictional error and instead sought to raise new claims and challenge the Tribunal's merits findings on credibility and risk.

Jurisdiction
Australia
Judgment Date
17 May 2018
Procedural Posture
Migration; Protection Visa; Application for Leave to Appeal / Application for Leave to Appeal From the Federal Circuit Court's Dismissal of an Application for an Extension of Time
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'leave to Appeal' 'extension of Time' 'judicial Review' 'jurisdictional Error' 'incompetent Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'leave to Appeal' 'extension of Time' 'judicial Review' 'jurisdictional Error' 'incompetent Appeal']

Case Brief

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Procedural Posture

Migration; Protection Visa; Application for Leave to Appeal / Application for Leave to Appeal From the Federal Circuit Court's Dismissal of an Application for an Extension of Time

Legal Issues

  1. 1 ["Whether the proposed appeal from the Federal Circuit Court's refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) was competent in light of s 476A(3)(a)." "Whether the applicant's proposed grounds demonstrated an arguable jurisdictional error by the Administrative Appeals Tribunal rather than seeking merits review or raising new claims."]

Ratio Decidendi

The application for leave to appeal had to be dismissed because s 476A(3)(a) of the Migration Act 1958 (Cth) made the proposed appeal from the Federal Circuit Court's refusal of an extension of time under s 477(2) incompetent. In any event, the proposed grounds did not identify jurisdictional error and instead sought to raise new claims and challenge the Tribunal's merits findings on credibility and risk.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the first respondent's costs in the sum of $1756.00."]