ATP16 v Minister for Immigration and Border Protection [2017] FCA 1366

ATP16 v Minister for Immigration and Border Protection [2017] FCA 1366

The applicant failed to provide a reasonable or adequate explanation for the delay in filing an appeal, and the proposed grounds of appeal had no merit; accordingly, the application for extension of time was refused with costs.

Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Application for Extension of Time to Appeal / Federal Court, Determination of Extension Application
Outcome
Application for extension of time refused with costs.
Legal Topics
['extension of Time' 'appeal' 'protection Visa' 'natural Justice']
['administrative Law' 'migration Law' 'practice and Procedure'] ['extension of Time' 'appeal' 'protection Visa' 'natural Justice']

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

Application for Extension of Time to Appeal / Federal Court, Determination of Extension Application

Legal Issues

  1. 1 ['Whether the applicant provided a reasonable and adequate explanation for delay in filing notice of appeal' 'Whether the proposed grounds of appeal had merit']

Ratio Decidendi

The applicant failed to provide a reasonable or adequate explanation for the delay in filing an appeal, and the proposed grounds of appeal had no merit; accordingly, the application for extension of time was refused with costs.

Court Disposition

Application for extension of time refused with costs.

Orders

  • ['The application for an extension of time filed on 6 July 2017 be refused with costs.']