APH16 v Minister for Immigration and Border Protection [2018] FCA 1752

APH16 v Minister for Immigration and Border Protection [2018] FCA 1752

The applicant's delay was not satisfactorily explained and, most importantly, the proposed grounds of appeal lacked sufficient merit and did not arguably identify jurisdictional error or legal error by the Federal Circuit Court or Tribunal; thus, an extension of time should not be granted.

Parties
Applicant: APH16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Application for Extension of Time to Appeal / Federal Court of Australia, Decision on Extension of Time
Outcome
Application for extension of time dismissed with costs
Legal Topics
Extension of Time, Judicial Review, Merit of Appeal, Complementary Protection, Procedural Fairness, Jurisdictional Error
Administrative Law Migration Law Extension of Time Judicial Review Merit of Appeal Complementary Protection Procedural Fairness Jurisdictional Error

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Parties

APH16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Federal Court of Australia, Decision on Extension of Time

Legal Issues

  1. 1 Whether an extension of time to appeal from the Federal Circuit Court decision should be granted
  2. 2 Whether the proposed grounds of appeal have sufficient merit to warrant leave and extension of time

Ratio Decidendi

The applicant's delay was not satisfactorily explained and, most importantly, the proposed grounds of appeal lacked sufficient merit and did not arguably identify jurisdictional error or legal error by the Federal Circuit Court or Tribunal; thus, an extension of time should not be granted.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • The application for an extension of time be dismissed.
  • The applicant pay the first respondent's costs as agreed or assessed.