ATB15 v Minister for Immigration and Border Protection [2016] FCA 889

The application for extension of time to appeal was refused because the proposed grounds of appeal lacked particularisation and did not disclose any arguable case on which the appeal could succeed.

Jurisdiction: Australia
Judgment Date: 01 August 2016
Procedural Posture: Application for Extension of Time to Appeal / Judgment on Extension of Time to Appeal to Federal Court From Federal Circuit Court
Outcome: Application for extension of time to appeal refused.
Legal Topics: ['extension of Time for Appeal' 'procedural Fairness' 'judicial Review' 'protection Visas' 'jurisdictional Error']

['administrative Law' 'immigration Law' 'human Rights Law'] ['extension of Time for Appeal' 'procedural Fairness' 'judicial Review' 'protection Visas' 'jurisdictional Error']

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Extension of Time to Appeal to Federal Court From Federal Circuit Court

Legal Issues

1 ['Whether the applicant has shown sufficient basis for an extension of time to appeal' 'Whether the proposed grounds of appeal disclose an arguable case']

Ratio Decidendi

The application for extension of time to appeal was refused because the proposed grounds of appeal lacked particularisation and did not disclose any arguable case on which the appeal could succeed.

Court Disposition

Application for extension of time to appeal refused.

Orders

['The application for an extension of time in which to appeal from the judgment of Judge Hartnett delivered on 1 December 2015 is refused.' "The applicant pay the first respondent's costs as agreed or taxed."]